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SelectedWorks

1999

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Articles 1 - 30 of 62

Full-Text Articles in Law

Which Kind Of Legal Order? Logical Coherence And Praxeological Coherence, Mario Rizzo Dec 1999

Which Kind Of Legal Order? Logical Coherence And Praxeological Coherence, Mario Rizzo

Mario Rizzo

This article addresses the classic question: How can the common law ensure relative certainty of expectations and also adapt to economic or other changes in society?


It-Cenit, Horacio M. Lynch, Mauricio Devoto Nov 1999

It-Cenit, Horacio M. Lynch, Mauricio Devoto

Horacio M. LYNCH

En noviembre de 1999, ITCENIT ha publicado un informe que analiza el impacto de las nuevas tecnologías de la información y comunicaciones en la economía de la Argentina. Advierte sobre la oportunidad económica que la Argentina está desaprovechando al no estar preparada para ingresar en la Era de la Información, y del riesgo que corre de quedar notablemente retrasada con respecto a otros países. Este trabajo, resultado de tres años de reflexiones, ha sido especialmente preparado para sugerir ideas al nuevo gobierno que asumía en diciembre de 1999, e incluye una propuesta concreta con el fin de introducir en nuestra …


Mtbe: Can The Controversy Be Contained?, Richard Faulk Oct 1999

Mtbe: Can The Controversy Be Contained?, Richard Faulk

Richard Faulk

Controversy concerning the gasoline additive MTBE may mark the beginning of yet another mass tort explosion as incresing numbers of toxic tort and environmental cases are filed alleging MTBE contamination. This article provides background information on the emerging issues.


La Conoscenza, L'Interpretazione E L'Applicazione Della Legge Straniera Da Parte Del Giudice Civile Tedesco, Valerio Sangiovanni Oct 1999

La Conoscenza, L'Interpretazione E L'Applicazione Della Legge Straniera Da Parte Del Giudice Civile Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Exceção De Pré-Executividade, Nelson Rodrigues Netto Sep 1999

Exceção De Pré-Executividade, Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.


The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack Aug 1999

The Right To Know?: Delimiting Database Protection At The Juncture Of The Commerce Clause, The Intellectual Property Clause, And The First Amendment, Malla Pollack

Malla Pollack

The people of the United States have a constitutional right to know; the government has a duty not to block access to information. The First Amendment and the Intellectual Property Clause cabin the Commerce Clause. Congress cannot create a quasi-property right to exclude others from information without clearly demonstrating market failure. Sui generis protection of data bases does not meet this threashold requirement.


The New Accountant-Client Privilege Provision: A Partial Step Forward For Nonattorney Practitioners, Francine J. Lipman, James E. Williamson Jul 1999

The New Accountant-Client Privilege Provision: A Partial Step Forward For Nonattorney Practitioners, Francine J. Lipman, James E. Williamson

Francine J. Lipman

For years accountants have argued that nonattorney tax preparers' communications with their clients should be protected by the same privilege that applies to attorney-client communications. Accountants argue that without such privileged confidentiality, clients might be reluctant to disclose information that tax practitioners must have to properly prepare their clients' tax returns. Accountants also believe that to properly represent their clients in tax controversies, their accountant-client communications must be protected. Without such privilege, nonattorney tax practitioners are often hesitant to probe into areas that should be analyzed, because of their legitimate concerns that their accountant-client communications are not protected. On the …


Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring Jul 1999

Forgotten Equity: The Enforcement Of Forum Clauses, Graydon S. Staring

Graydon S. Staring

When courts differ widely and sharply on which of three or four procedural courses shouold be taken to enforce a contractual right of unquestioned validity, and every such course openly strains orthodox procedural doctrine, we may suslpect they are all wrong. We can confirm that they are wrong when we recognize the right in question is not a procedural incident at all but the right to a substantive performance, bargained for by the parties, that has about it an illusory appearance of procedure and, because of its substance, does not fit comfortably within merely procedural doctrine. Such is the right …


Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei May 1999

Efficiency And Equal Protection In The New European Contract Law: Mandatory, Default And Enforcement Rules, Ugo Mattei

Ugo Mattei

No abstract provided.


Nato Action Unwisely Undercuts U.N., C. Peter Erlinder Apr 1999

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Jural Districting: Selecting Impartial Juries Through Community Representation, Kim Forde-Mazrui Mar 1999

Jural Districting: Selecting Impartial Juries Through Community Representation, Kim Forde-Mazrui

Kim Forde-Mazrui

No abstract provided.


Clarifying The Tactical Use Of The Dutch Cross-Border Injunction In International Patent Litigation, Severin De Wit Feb 1999

Clarifying The Tactical Use Of The Dutch Cross-Border Injunction In International Patent Litigation, Severin De Wit

Severin de Wit

Paper Based on a Presentation given at the Euroforum Conference in London on 24 and 25 February 199


“A Civil Action” Shows How Community Is Often Forgotten, Robert R.M. Verchick Feb 1999

“A Civil Action” Shows How Community Is Often Forgotten, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Secured Credit And Software Financing, Ronald Mann Feb 1999

Secured Credit And Software Financing, Ronald Mann

Ronald Mann

Extends my work on secured credit to analyze the use of secured credit in transactions involving software, where there is no likelihood of foreclosure or repossession. Documents the regular use of debt by venture-backed software firms.


Verification Institutions In Financing Transactions, Ronald Mann Feb 1999

Verification Institutions In Financing Transactions, Ronald Mann

Ronald Mann

Analyzing secured credit and similar institutions as "verification institutions" to resolve problems of information asymmetry in financing transactions


La Logique Juridique Et Son Critique Dite Post Moderne, Eric A. Engle Jan 1999

La Logique Juridique Et Son Critique Dite Post Moderne, Eric A. Engle

Eric A. Engle

L'article presente et critique la perspective post-moderne sur la logique.


La Società A Responsabilità Limitata Tra Avvocati Nel Diritto Tedesco, Valerio Sangiovanni Jan 1999

La Società A Responsabilità Limitata Tra Avvocati Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.


Free Speech, Arthur Lang Jan 1999

Free Speech, Arthur Lang

Arthur Lang

No abstract provided.


Mental Health Parity Issue Briefs, Ardis Hanson Jan 1999

Mental Health Parity Issue Briefs, Ardis Hanson

Ardis Hanson

Six issue briefs summarize the key issues facing the state of Florida in 1999 in the development of mental health parity legislation. The briefs outline the basic issues, potential benefits, and experiences of other states that have developed and/or implemented parity legislation covering behavioral health services, including mental health, alcohol, and/or substance abuse services. In addition, the briefs contain a discussion of the important issues of how managed care and insurance benefit design potentially impact the costs of establishing parity. The six briefs are provided as one pdf document. The document is 6 pages long. Pages include: "Highlights of Recent …


A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel Jan 1999

A Non-Material Form Of Copyright: The Strange History Of Lecturer’S Copyright, Alex Steel

Alex Steel

This article traces the history of a specific copyright in the spoken word in private lectures, a copyright that did not require the words to be reduced to material form in order to gain protection. In the early to mid 1800’s much money could be made from the giving of lectures, and private lecturers were searching for ways to protect their livelihood. The first case to successfully prevent the unauthorised reprinting of lectures was Abernethy v Hutchinson (1825); generally considered to be the case which formed the basis for the action for breach of confidence. This was a case about …


A ‘Just And Proper Division:’ Property Distribution At Divorce In Oregon, Leslie J. Harris Jan 1999

A ‘Just And Proper Division:’ Property Distribution At Divorce In Oregon, Leslie J. Harris

Leslie J. Harris

No abstract provided.


The New Ali Child Support Principles, Leslie J. Harris Jan 1999

The New Ali Child Support Principles, Leslie J. Harris

Leslie J. Harris

No abstract provided.


Dust Bowl Blues: Saving And Sharing The Ogallala Aquifer, Robert R.M. Verchick Jan 1999

Dust Bowl Blues: Saving And Sharing The Ogallala Aquifer, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.


Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick Jan 1999

Critical Space Theory: Keeping Local Geography In American And European Environmental Law, Robert R.M. Verchick

Robert R.M. Verchick

Recently, legal scholars have begun to explore the meaning and significance of geographic space in law within the United States and internationally, a project highlighted in a 1996 Stanford Law Review symposium. Much of this discussion draws implicitly and explicitly on critical legal theory in approaching geographic themes -- suggesting the beginning of what the author calls "Critical Space Theory." This article uses Critical Space Theory to address the legal significance of geography in relation to two environmental issues in the United States and the European Union: (1) transborder waste transportation and (2) judicial standing. Each issue raises questions of …


Why Wasn't Imprisonment For Debt Abolished During The Era Of Domination Of The Labor Movement? (In Hebrew), Ron Harris Jan 1999

Why Wasn't Imprisonment For Debt Abolished During The Era Of Domination Of The Labor Movement? (In Hebrew), Ron Harris

Ron Harris

No abstract provided.


"El Karbuteli V. The Minister Of Defense In Its Historical Context"(In Hebrew) In The Courts Of Law, Fifty Years Of Adjudication In Israel, Ron Harris Jan 1999

"El Karbuteli V. The Minister Of Defense In Its Historical Context"(In Hebrew) In The Courts Of Law, Fifty Years Of Adjudication In Israel, Ron Harris

Ron Harris

No abstract provided.


Freeze-Out : A Case For The Strengthening Of Statutory Protection Of Minority Shareholders, Ovunda V. C. Okene Phd Jan 1999

Freeze-Out : A Case For The Strengthening Of Statutory Protection Of Minority Shareholders, Ovunda V. C. Okene Phd

Dr. O. V. C. OKene

No abstract provided.


National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul Stanton Kibel Jan 1999

National Incentives To Protect Natural Resources: Preserving Their Place In International Trade, Paul Stanton Kibel

Paul Stanton Kibel

No abstract provided.


Literature, Politics, And The Law: On Blacksmiths, Tailors And The Demolition Of Houses, Shulamit Almog Jan 1999

Literature, Politics, And The Law: On Blacksmiths, Tailors And The Demolition Of Houses, Shulamit Almog

Shulamit Almog

In the following essay, Almog draws linguistic comparisons between a story by Agnon and the transcript of an actual legal case in modern-day Israel, concluding that the literary text reveals more of the true nature of human conflict.


Domestic Violence And The Law: An Impassioned Exploration For Family Peace, Sarah M. Buel Jan 1999

Domestic Violence And The Law: An Impassioned Exploration For Family Peace, Sarah M. Buel

SARAH M BUEL

In thinking about the family law practitioner's response to domestic violence issues over the past few decades, it is heartening to note some progress while remaining deeply concerned that many lawyers have yet to embrace even the most basic tenets of victim safety and offender accountability. Domestic violence impacts most lawyers and judges; however, those in the field of family law are positioned to dramatically improve the lives of all parties, if they have learned how to intervene effectively. The continuing violence indicates that we must examine the larger issues: namely, the social, cultural and economic conditions that will facilitate …