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Articles

1998

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Institution
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Articles 1 - 30 of 127

Full-Text Articles in Law

Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen Jan 1998

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen

Articles

In examining federalism issues relevant to merchant vessels, this article will distinguish between those laws and regulations governing liability for harm and those which regulate safety. Federalism questions arise most frequently in the former, private, maritime law domain, when courts are called upon to determine judicial jurisdiction and the extent to which state law may be applied to adjudicate liability and damages in cases falling within the admiralty and maritime jurisdiction. Less frequently, the federalism debate focuses on public maritime law, when states seek to regulate commercial vessel safety or vessel-source pollution.

This article will begin with an examination of ...


Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn Jan 1998

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

Articles

Prior to the very recent explosion of interest in the Internet, for decades electronic commerce had been conducted on a large scale over closed networks. Since the late 1960s, billions of dollars in funds transfers have been executed over networked computer systems such as the Federal Reserve Wire Network (Fedwire), Clearing House Interbank Payment System (CHIPS), and the automated clearing house system (ACH); billions of dollars of goods have been sold over electronic data interchange networks. These closed, proprietary networks were built during the era of mainframe computer systems and are now being challenged by open networks of distributed client-server ...


Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn Jan 1998

Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn

Articles

Can commercial transactions conducted over the Internet be regulated by existing commercial law doctrines? Many promoters of Internet commerce argue that business done over open computer networks such as the Internet will require a new regulatory framework In fact, many issues raised by Internet commerce have already been considered at length in the context of electronic commerce conducted over closed computer networks, such as those used in financial markets.

One of the most hotly debated issues regarding the regulation of Internet commerce is the question of what would be the online equivalent of a signature. Some have argued that, because ...


Regulating The Use Of The Internet In Securities Markets, Jane Kaufman Winn Jan 1998

Regulating The Use Of The Internet In Securities Markets, Jane Kaufman Winn

Articles

As use of the Internet and other new technologies in securities continues to expand, the U.S. Securities and Exchange Commission and self-regulatory organizations (SROs) within the securities industry have continued their efforts to adapt their existing regulations to these developments. Although regulators in the United States have provided guidance to market participants on many issues, many other important questions under U.S. securities law remain unanswered.

Guidance regard to securities law in other jurisdictions is almost non-existent, though transnational organizations, such as the International Organization of Securities Commissions (IOSCO), are working to remedy this situation. I

n 1997 and ...


The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor Jan 1998

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic ...


Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the ...


The License Is The Product: Comments On The Promise Of Article 2b For Software And Information Licensing, Robert W. Gomulkiewicz Jan 1998

The License Is The Product: Comments On The Promise Of Article 2b For Software And Information Licensing, Robert W. Gomulkiewicz

Articles

Article 2B promises to draw together contract principles for software and information licensing that, at present, are spread among various bodies of law.

This Article argues that Article 2B must affirm industry standard licensing practices in order to prove beneficial. For example, Article 2B's affirmation of industry standard mass market licensing is important for both publishers and end users. Article 2B must also provide the flexibility to accommodate new distribution and licensing models that will arise as electronic commerce matures. Any other approach would fundamentally disrupt the software and information industries.

Moreover, this Article urges the drafters of Article ...


Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen Jan 1998

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen

Articles

No abstract provided.


Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn Jan 1998

Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn

Articles

The essay is framed in two basic parts. In the first part, it describes the program of integration that was undertaken at the University of Washington during the 1995-1997 period of the Fund for the Improvement of Post-Secondary Education (FIPSE) grant. After describing the context in which these curricular changes were made, it describes the changes in years one and two of the grant program. Additional changes that have occurred subsequent to the final grant report in October 1997 also will be summarized. One of the lessons that emerges from our experience is that change will be an incremental, long ...


Us Supreme Court Confronts 'Right To Die', Bruce Carolan Jan 1998

Us Supreme Court Confronts 'Right To Die', Bruce Carolan

Articles

This article covers the US Supreme Court's decisions regarding physician-assisted suicide for a UK audience.


All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble Jan 1998

All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble

Articles

No abstract provided.


Secured Lending As A Zero-Sum Game, David Gray Carlson Jan 1998

Secured Lending As A Zero-Sum Game, David Gray Carlson

Articles

No abstract provided.


Ruth Bader Ginsburg: The First Jewish Woman On The United States Supreme Court, Malvina Halberstam Jan 1998

Ruth Bader Ginsburg: The First Jewish Woman On The United States Supreme Court, Malvina Halberstam

Articles

No abstract provided.


Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer Jan 1998

Indirect Infringement And Counterfeiting: Remedies Available Against Those Who Knowingly Rent To Counterfeiters, Barbara Kolsun, Jonathan Bayer

Articles

No abstract provided.


Junior Secured Creditors And The Automatic Stay, David Gray Carlson Jan 1998

Junior Secured Creditors And The Automatic Stay, David Gray Carlson

Articles

No abstract provided.


The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz Jan 1998

The Battle That Never Was: Congress, The White House, And Agency Litigation Authority, Neal Devins, Michael Herz

Articles

No abstract provided.


Estoppel In Property Law, Stewart E. Sterk Jan 1998

Estoppel In Property Law, Stewart E. Sterk

Articles

No abstract provided.


The Book In Retrospect, David Rudenstine Jan 1998

The Book In Retrospect, David Rudenstine

Articles

No abstract provided.


… And From The Associate, Myriam E. Gilles Jan 1998

… And From The Associate, Myriam E. Gilles

Articles

No abstract provided.


Introduction, David Gray Carlson Jan 1998

Introduction, David Gray Carlson

Articles

No abstract provided.


Framing The Issues, Malvina Halberstam Jan 1998

Framing The Issues, Malvina Halberstam

Articles

No abstract provided.


Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg Jan 1998

Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg

Articles

No abstract provided.


Rights Of Publicity: An In-Depth Analysis Of The New Legislative Proposals To Congress, Marci Hamilton, Steven M. Getzoff, Barbara Kolsun, William M. Hart, Diane L. Zimmerman Jan 1998

Rights Of Publicity: An In-Depth Analysis Of The New Legislative Proposals To Congress, Marci Hamilton, Steven M. Getzoff, Barbara Kolsun, William M. Hart, Diane L. Zimmerman

Articles

No abstract provided.


Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld Jan 1998

Constitution-Making, Identity Building, And Peaceful Transition To Democracy: Theoretical Reflections Inspired By The Spanish Example, Michel Rosenfeld

Articles

No abstract provided.


Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge, Jr. Jan 1998

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge, Jr.

Articles

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


Book Review, Lakshman D. Guruswamy Jan 1998

Book Review, Lakshman D. Guruswamy

Articles

No abstract provided.


Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang Jan 1998

Dangers Of Monetary Commensurability: A Psychological Game Model Of Contagion, Peter H. Huang

Articles

No abstract provided.


Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes Jan 1998

Notice And Notification Under The Revised Uniform Partnership Act: Some Suggested Changes, J. Dennis Hynes

Articles

This Article addresses the decision by the drafters of the revised Uniform Partnership Act (1996) (RUPA) to reduce the traditional defenses available to partnerships in apparent authority cases. RUPA eliminated the requirement that apparent authority claims against a partnership be based on the claimant's reasonable expectations. Under RUPA a partnership is liable for a partner's unauthorized act even when the claimant had reason to know the act was unauthorized. A defense based on the claimant's knowledge is effective only when the claimant actually knows--is cognitively aware--that the act was unauthorized. This Article argues that this places an ...