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Series

Articles

University of Minnesota Law School

1999

Articles 1 - 15 of 15

Full-Text Articles in Law

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper Jan 1999

Researching Labor Arbitration And Alternative Dispute Resolution In Employment, Suzanne Thorpe, Laura J. Cooper

Articles

What kinds of information can we expect to find when doing research in alternative dispute resolution? To the extent that ordinary issues of law arise when considering methods of alternative dispute resolution, such as whether an agreement to arbitrate is judicially enforceable or whether communications in the course of mediation enjoy an evidentiary privilege, ordinary sources of legal research remain appropriate. This research guide generally does not describe those research


The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter Jan 1999

The Principle Of Non-Refoulement: Article 3 Of The Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Punishment In Comparison With The Non-Refoulement Provisions Of Other International Human Rights Treaties, David Weissbrodt, Isabel Hortreiter

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory ...


The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas Jan 1999

The Ada In Turmoil: Judicial Dissonance, The Supreme Court's Response, And The Future Of Disability Discrimination Law, Stephen F. Befort, Holly Lindquist Thomas

Articles

The Americans with Disabilities Act (ADA) 1 was enacted in 1990 with considerable fanfare and support. A broad-based coalition of supporters testified in favor of the legislation before committee hearings 2 and both houses of Congress passed the legislation by wide margins. 3 President George Bush, in signing the ADA into law, described the new statute as "an historic opportunity" 4 representing "the full flowering of our democratic principles." 5


Travaux Preparatoires Of The Fair Trial Provisions--Articles 8 To 11--Of The Universal Declaration Of Human Rights, David Weissbrodt, Mattias Hallendorff Jan 1999

Travaux Preparatoires Of The Fair Trial Provisions--Articles 8 To 11--Of The Universal Declaration Of Human Rights, David Weissbrodt, Mattias Hallendorff

Articles

On 10 December 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights. 1 In view of the fiftieth anniversary of the Declaration, this article reviews its origins. The article then focuses principally upon the drafting and meaning of the fair trial provisions of the Declaration. Rather than looking at the Declaration’s provisions article by article in numerical order, the article first considers the overall drafting history of the Declaration; second, it focuses on the principal fair trial provisions, Articles 10 and 11; and then deals with the drafting of Articles 8 and 9, which are ...


American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia Jan 1999

American Prisons At The Beginning Of The Twenty-First Century, Michael Tonry, Joan Petersilia

Articles

No abstract provided.


Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry Jan 1999

Federal Sentencing Can Be Made More Just, If The Sentencing Commission Wants To Make It So, Michael Tonry

Articles

No abstract provided.


Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase Jan 1999

Sentencing Guidelines In Minnesota, Other States, And The Federal Courts: A Twenty-Year Retrospective, Richard Frase

Articles

No abstract provided.


More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger Jan 1999

More Light Thoughts And Night Thoughts On The American Family, Judith T. Younger

Articles

No abstract provided.


Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort Jan 1999

Mental Illness And Long-Term Disability Plans Under The Americans With Disabilities Act, Stephen F. Befort

Articles

No abstract provided.


Lenders And Land, Ann Burkhart Jan 1999

Lenders And Land, Ann Burkhart

Articles

Using land to secure loans has been a particularly durable human institution. Mortgages 1 have existed since antiquity, 2 primarily because land generally retains its value and is permanent and immovable. In societies with largely nonmonetary economies, such as feudal England, land also has been particularly valued as a source of livelihood and of power. Therefore, land has been and continues to be desirable security for loans.


Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele Jan 1999

Highlights Of The Fiftieth Session Of The United Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Mayra Gomez, Bret Thiele

Articles

fiftieth anniversary of the Universal Declaration of Human Rights.8 The Sub-Commission also considered resolutions on country situations in Afghanistan, Algeria, Bahrain, Belarus, Bhutan, the Democratic People's Republic of Korea and Mexico.9 In addition, the Sub-Commission took a new initiative by adopting a thematic resolution, focusing on the protection of human rights defenders in nine countries, including Burma, Colombia, the Democratic Republic of the Congo, Honduras, Indonesia, Nigeria, the Philippines, Tunisia, Turkey and the Federal Republic of Yugoslavia. 10 The Sub-Commission completed considerable work in the area of economic, social and cultural rights, including the Final Report on ...


Spin-Offs, Fiduciary Duty, And The Law, Edward Adams, Arijit Mukherji Jan 1999

Spin-Offs, Fiduciary Duty, And The Law, Edward Adams, Arijit Mukherji

Articles

In recent years, merger and acquisition activity has captured the corporate headlines, reaffirming the popular view that bigger is better. Yet the benefits of such empire building are belied by evidence that corporate spin-offs generally add more value to a business or group of businesses. Indeed, the advantages of spin-offs have not been lost on some of the more astute corporate executives, and although mergers and acquisitions may make better copy, spin-offs have been quietly on the rise. Companies such as AT&T, General Motors, ITT, Sprint, Dun and Bradstreet, and Sears have successfully reaped the benefits of performing tax-free ...


A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows Jan 1999

A Matter Of Prostitution: Becoming Respectable, Beverly Balos, Mary Louise Fellows

Articles

Feminists have achieved significant antiviolence legal reforms in the areas of domestic abuse, sexual harassment, and rape over the past three decades. These reforms, however, have reinforced old borders between the traditional categories of violence and prostitution and have constructed new borders by maintaining the distinction between worthy and unworthy women. Despite these flaws, the law reform efforts have the capacity to transform the legal and social meaning of prostitution. By adopting an approach that transcends consent or coercion and private or public, Professors Fellows and Balos use the concept of respectability to introduce an analytically powerful framework for rethinking ...


The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld Jan 1999

The Transformation Of The Juvenile Court--Part Ii: Social Structure, Race, And The "Crack Down" On Youth Crime, Barry C. Feld

Articles

Part I briefly analyzes the social history of the juvenile court and argues that the progressive reformers who created the juvenile court designed it to discriminate against "other peoples' children," a feature that carries over into contemporary juvenile justice administration. Part II analyzes the "constitutional domestication" of the juvenile court. It places the U.S. Supreme Court's juvenile court "due process" decisions in a broader social structural context and argues that the Court emphasized procedural safeguards as part of its broader agenda to protect the civil rights and liberty interests of minorities. Part III analyzes the impact of the ...


Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford Jan 1999

Java And Microsoft: How Does The Antitrust Story Unfold?, Daniel J. Gifford

Articles

RAPID developments in the software industry underlie both the Gov ernment's antitrust proceedings against the Microsoft Corporation 1 and the lawsuit brought by Sun Microsystems, Inc. ("Sun") against Microsoft in which Sun is asserting claims grounded in breach of contract, trademark infringement and unfair competition. 2 In October 1997, the Government challenged the Microsoft Corporation's right to bundle its internet browser (the Microsoft Internet Explorer 4.0) with its Windows 95 operating system. 3 That proceeding was brought as a request for an order to show cause why Microsoft should not be held in contempt for violating a ...