Law Commons^™

Terrorism As An International Crime: Questions Of Responsibility And Complicity, Sompong Sucharitkul

Publications

Terrorism is a phenomenon in the contemporary world which occupies the attention of the international community. Terrorism as an international crime is readily more comprehensible and susceptible of clearer definition than sheer acts of terrorism by whomsoever performed. This paper is confined to questions of responsibility and complicity in connection with terrorism as an international crime, whatever the definition is ultimately adopted of "terrorism," and whatever the meaning to be ascribed to an "international crime."

Michigan V. Chesternut And Investigative Pursuits: Is There No End To The War Between The Constitution And Common Sense?, Rachel A. Van Cleave

Publications

Section I of this Comment examines Terry v. Ohio, in which the Supreme Court decided that certain on-the-street encounters between police officers and citizens come within fourth amendment scrutiny. Section II traces the development of standards for determining when a seizure has occurred, that is, when a reasonable person would believe he was not "at liberty to ignore the police presence and go about his business."' In section III, this Comment argues that, when the police chase a citizen, their conduct constitutes a seizure because the citizen is aware of the police's attempt to apprehend him and is therefore …

Rebirth Of Chinese Legal Scholarship, A Personal Recollection, Sompong Sucharitkul

Publications

Paper presented at the International Business Law Seminar: Contract Negotiations with China in the 1990's, held at the Northwestern School of Law, Lewis and Clark College, October 28, 1988.

Broker's Agency Disclosure Law: Misinformation Or Disinformation?, Roger Bernhardt

Publications

Analysis of California’s statute permitting real estate brokers to select whether to be single agents or dual agents.

Review Of Judging Credentials: Nonlawyer Judges And The Politics Of Professionalism By Doris Marie Provine, William T. Gallagher

Publications

Doris Marie Provine's Judging Credentials is a provocative work that draws on and furthers the critical approach to the study of professions. The book is a study of judges in lower courts of limited jurisdiction who are not lawyers, a group of considerable size. There are over 13,000 of them in the United States. In this work Provine examines the legal profession's assertion that these judges are inferior to judges who are lawyers. Contrary to both professional claims and popular belief, Provine argues that lay judges in America's lower courts perform as well as their lawyer counterparts. Her conclusions derive …

The Uncertain Status Of Post-Employment Non-Compete Covenants In Texas, Jon H. Sylvester

Publications

A post-employment non-compete covenant is an agreement by an employee that, after termination of employment he or she will not compete with his or her former employer-usually within a specified geographic area and for a specified period of time. Such covenants are standard parts of many employment contracts.

Under the long standing common law of contracts, non-compete covenants are generally suspect as restraints of trade. Post-employment non-compete covenants also bear a strong presumption of unfairness because of the superior bargaining power almost invariably wielded by the employer. Nevertheless most jurisdictions, including Texas, have traditionally enforced post-employment non-compete covenants within the …

Who Regulates The Disposal Of Low-Level Radioactive Waste Under The Low-Level Radioactive Waste Policy Act?, Deborah M. Mostaghel

Publications

This Comment will discuss the question of who regulates low-level radioactive waste disposal facilities by examining the following: the constitutional doctrines safeguarding federal government authority; areas of state authority; grants of specific authority delegations under the AEA and subsequent acts dealing with nuclear energy, especially the LLRWPA and its amendment; and finally, potential problems that may arise depending on whether ultimate regulatory authority is deemed to rest with single states, regional compacts, or the federal government.

Safeguarding Employment For U.S. Workers: Do Undocumenteds Take Away Jobs?, Stephen A. Rosenbaum

Publications

For more than five years, the Immigration and Naturalization Service (hereinafter, INS) has been stymied in its efforts to implement a rule prohibiting aliens from working while out on bond pending deportation or exclusion. Like defendants awaiting trial in the criminal justice system, aliens charged with violating U.S. immigration laws are typically allowed to post bond pending a hearing on the merits. The U.S. Attorney General has the authority to prescribe conditions governing an alien's release under bond, a period that could take a year or more. From 1973 to 1983, INS regulations authorized District Directors, with approval from the …

Section 1404(A), "Where It Might Have Been Brought": Brought By Whom?, Michael J. Waggoner

Publications

No abstract provided.

Independent Counsel And The Constitution, Harold H. Bruff

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No abstract provided.

Water Planning: Untapped Opportunity For The Western States, David H. Getches

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No abstract provided.

The Role Of The Legislative And Executive Branches In Interpreting The Constitution, Robert Nagel

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No abstract provided.

Law And The American West: The Search For An Ethic Of Place, Charles F. Wilkinson

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No abstract provided.

Prior Inconsistent Statements, H. Patrick Furman

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No abstract provided.

Cannibal Moves: An Essay On The Metamorphoses Of The Legal Distinction, Pierre Schlag

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No abstract provided.

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

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No abstract provided.

The Idea Of Sovereignty: Native Peoples, Their Lands, And Their Dreams, Charles F. Wilkinson

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No abstract provided.

Economic Union As A Constitutional Value, Richard B. Collins

Publications

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Publications

No abstract provided.