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1990

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Institution
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Articles 1 - 30 of 79

Full-Text Articles in Law

The Fletcher Years, Ralph W. Johnson Apr 1990

The Fletcher Years, Ralph W. Johnson

Articles

How would you best describe Robert L. Fletcher, I asked my colleagues. He is, they said, thoughtful, a man of integrity, a delightful and companionable gentleman, sincere of purpose, hard-working, reliable, exceedingly thorough, a respected scholar and teacher. By habit he examines all aspects of a proposal before acting on it, reserves judgment until "all the evidence is in." Reputedly he enjoys ferreting out arcane future interests that violate the Rule Against Perpetuities in trust and real estate documents. Bob Fletcher practiced law for nine years in Seattle and Tacoma, Washington, before entering teaching in 1956. Before that he was ...


Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld Jan 1990

Just Deserts For Juveniles: Punishment V. Treatment And The Difference It Makes, Barry Feld

Articles

No abstract provided.


Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt Jan 1990

Major Developments In 1990 At The Un Commission On Human Rights, Reed Brody, Penny Parker, David Weissbrodt

Articles

The forty-sixth session of the United Nations Commission on Human Rights met from 29 January to 9 March 1990. It was the first meeting of the Com- mission following the democratic changes in Central Europe, the suppression of the pro-democracy movement in China, and the US invasion of Panama. The Commission also met after the General Assembly had called for an enlargement of its membership to remedy the under-representation of third world countries, while asking the Commission to study ways of making its work more effective.


Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase Jan 1990

Comparative Criminal Justice As A Guide To American Law Reform: How Do The French Do It, How Can We Find Out, And Why Should We Care?, Richard Frase

Articles

In the 1970s and early 1980s, legal academics hotly debated the possibility of basing American law reforms on continental procedures, but this voluminous literature produced few conclusions and virtually no sustained research and reform efforts. In this Article, Professor Frase argues that this stalemate was largely due to the fact that the continental procedures most often proposed for borrowing were actually the least feasible transplants, whereas other, more modest possibilities were overlooked or misunderstood. To identify the latter, future researchers must analyze foreign systems comprehensively, in practice as well as in theory, and must subject domestic systems to equally comprehensive ...


The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky Jan 1990

The United States-Dakota War Trials: A Study In Military Injustice, Carol Chomsky

Articles

Between September 28 and November 3, 1862, in southwestern Minnesota, nearly four hundred Dakota 1 men were tried for murder, rape, and robbery. All but seventy were convicted, and 303 of these were condemned to die. 2 After an official review of the trials, the sentences of thirty-eight were confirmed and, on December 26, 1862, these thirty-eight were hanged in Mankato, Minnesota, in the largest mass execution in American history. On November 11, 1865, after three additional trials, two more Dakota followed them to the gallows.


The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt Jan 1990

The 41st Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Robin M. Maher, David Weissbrodt

Articles

The forty-first session ofthe Sub-Commission on Prevention of Discrimination and Protection of Minorities (hereinafter the Sub-Commission) met in August 1989 to address a number of human rights situations that had come to worldwide attention since 1988. The session followed the bloody suppres- sion of demonstrations in the People's Republic of China, a rash of bombings and political assassinations in Colombia, and the use of chemical weapons against unarmed civilians in Iraq. Moreover, unusual political pressures from a variety of sources played an important role. As the Sub-Commission de- bated its first resolution on a country which holds a permanent ...


Principles Against Executions, David Weissbrodt, Terri Rosen Jan 1990

Principles Against Executions, David Weissbrodt, Terri Rosen

Articles

The right to be free from extra-legal, arbitrary, or summary ex- ecutions is recognized in a number of international human rights in- struments. Such killings violate article 6 of the International Covenant on Civil and Political Rights,' which provides that "every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."


Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr. Jan 1990

Nepa At Twenty: Mimicry And Recruitment In Environmental Law, William H. Rodgers, Jr.

Articles

We are gathered here to consider not so much a twenty year-old law but a twenty year-old that has been extraordinarily far-reaching and influential. In its own special way, the National Environmental Polic Act and the environmental assessment that it represents have become the legal equivalent of cultural fads such as Hula Hoops, Rubik's Cubes, and Air Jordans.

A good portion of this conference, I suspect, will be devoted to documenting the many measures of NEPA's significance—the legal business it has generated, the institutional moves it has inspired, the precious places it is credited with saving.

My ...


Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks Jan 1990

Defining The Scope Of Broker And Dealer Duties -- Some Problems In Adjudicating The Responsibilities Of Securities And Commodities Professionals, Gregory A. Hicks

Articles

The purpose of this Article is to stress the need for grounding broker-dealer duties in sound, articulated understandings of the investment markets, as well as defensible statements of the responsibilities and expectations of both customers and market professionals. This important need will be demonstrated through the use of several cases illustrating problematical or failed processes by which broker-dealer duties have been established.

This Article will focus primarily on two recent decisions, In re E.F. Hutton & Co., and Wasnick v. Refco, Inc., both of which have been criticized for inappropriately expanding broker and dealer duties. Each decision is better understood ...


A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn Jan 1990

A Need For Clarity: Toward A New Standard For Preliminary Injunctions, Lea B. Vaughn

Articles

This Article examines the various standards for preliminary injunctions and demonstrates the ways in which the standards have become confused by irrelevant layers of meaning. Those layers of meaning are analyzed; nonfunctional accretions are discarded, and legitimate modem meanings are developed. The discussion is conducted against a background of assumptions about what makes a good standard, for example, accessibility and comprehensiveness. By modernizing the standard, the parties and the courts will frankly and openly discuss the underlying legal issues and values. This, in turn, should lead to more legitimate decisions.

Under a modernized standard, a court should redress immediate pretrial ...


Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn Jan 1990

Article Xx Of The Afl-Cio Constitution: Managing And Resolving Inter-Union Disputes, Lea B. Vaughn

Articles

Labor, as embodied by the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), is perceived by many as a monolithic force but, in reality, is composed of a coalition of sometimes competing interests. Not surprisingly, and often raucously, the unions within the AFL-CIO compete for members in both representation and work assignment disputes. Traditional legal doctrine implies that National Labor Relations Board (NLRB or Board) proceedings present the only means to resolve inter-union disputes and that these disputes can be understood solely as legal issues; however, this is not the case. For almost thirty years, the AFL-CIO has ...


Memorials: Marian Gould Gallagher, Melissa Sue Landers, Penny A. Hazelton Jan 1990

Memorials: Marian Gould Gallagher, Melissa Sue Landers, Penny A. Hazelton

Articles

No abstract provided.


Political Pressure And Judging In Constitutional Cases, Robert F. Nagel Jan 1990

Political Pressure And Judging In Constitutional Cases, Robert F. Nagel

Articles

No abstract provided.


Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt Jan 1990

Fairness To The Absent Members Of A Defendant Class: A Proposed Revision Of Rule 23, Elizabeth Brandt

Articles

No abstract provided.


Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble Jan 1990

Through The Looking-Glass And What The Idaho Supreme Court Found There, Dale Goble

Articles

No abstract provided.


Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David Gray Carlson Jan 1990

Security Interests Under Article 8 Of The Uniform Commercial Code, Jeanne L. Schroeder, David Gray Carlson

Articles

No abstract provided.


Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld Jan 1990

Deconstruction And Legal Interpretation: Conflict, Indeterminacy And The Temptations Of The New Legal Formalism, Michel Rosenfeld

Articles

No abstract provided.


Justifying The Judge's Hunch:An Essay On Discretion, Charles M. Yablon Jan 1990

Justifying The Judge's Hunch:An Essay On Discretion, Charles M. Yablon

Articles

No abstract provided.


God, The Demon, And The Status Of Theodicies, Edward Stein Jan 1990

God, The Demon, And The Status Of Theodicies, Edward Stein

Articles

No abstract provided.


Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson Jan 1990

Not Beyond Justice: A Reply To Heller And Eisele, Arthur J. Jacobson

Articles

No abstract provided.


Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine Jan 1990

Imprisoned For Membership: The Junius Scales Case, Sandra L. Cobden, James A. Rogers, David Rudenstine

Articles

No abstract provided.


Feminism Historicized: Medieval Misogynist Stereotypes In Contemporaryfeminist Jurisprudence, Jeanne L. Schroeder Jan 1990

Feminism Historicized: Medieval Misogynist Stereotypes In Contemporaryfeminist Jurisprudence, Jeanne L. Schroeder

Articles

No abstract provided.


Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David Gray Carlson Jan 1990

Bulk Sales Under Article 9: Some Easy Cases Made Difficult, David Gray Carlson

Articles

No abstract provided.


Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs Jan 1990

Non-Sexist Teaching Techniques In Substantive Law Courses, Mary I. Coombs

Articles

No abstract provided.


Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri Jan 1990

Reconstructive Poverty Law Practice: Learning Lessons Of Client Narrative, Anthony V. Alfieri

Articles

No abstract provided.


Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman Jan 1990

Changing Company Law? (Book Review), Caroline Bradley, Judith Freedman

Articles

No abstract provided.


Generalization In Interpretive Theory, Joseph Vining Jan 1990

Generalization In Interpretive Theory, Joseph Vining

Articles

There are arguments at large about the nature of legal interpretation, proceeding from an implicit proposition that interpretation is the same phenomenon or experience whatever its setting. An assumption that there is one phenomenon can be found in discussions among lawyers of interpretation and in discussions among nonlawyers of legal interpretation-and as often in the work of those who would deny there is any significance to theorizing about interpretation, as of those who think persuasion to a particular theory will have the utmost consequence for law and society. Proceeding from such a proposition, rather than toward it, raises the risk ...


Kevin E. Kennedy, Joseph Vining Jan 1990

Kevin E. Kennedy, Joseph Vining

Articles

Our first encounter was on one of Kevin's many triumphant days during law school. Kevin, then a second year student, had advanced to the final round of the Campbell Competition, the moot court competition in which students brief and argue a case as if before the United States Supreme Court. I was one of the five "justices" who heard the case. The others were the dean and three distinguished appellate judges. Four students presented oral arguments and all were fine, but, Kevin's, the "Justices" agreed, was simply of a different order. Archibald Cox, when Solicitor General of the ...


Judging The Judges: Three Opinions, James Boyd White Jan 1990

Judging The Judges: Three Opinions, James Boyd White

Articles

For some time I have been working on the problem of judicial criticism, focusing especially on the question: What is it in the work of a judge that leads us to admire a judicial opinion with the result of which we disagree, or to condemn an opinion that "comes out" the way we would do if we were charged with the responsibility of decision? The response I have been making is that this kind of judicial excellence (and its opposite too) lies in the sort of social and intellectual action in which the opinion engages: in the character the court ...


Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine Jan 1990

Bart Bartosic: What You See Is Not What You Get, Theodore J. St. Antoine

Articles

With "Bart" Bartosic, what you see is not necessarily what you get. Anyone even vaguely acquainted with him knows I am not talking about duplicity; on occasion, Bart can be almost painfully forthright. Nonetheless, on first meeting, most persons are likely to view him as the very soul of politesse - perhaps actually too deferential and accommodating. Yet behind that beguiling exterior can be found a backbone of cast iron, a mind like a steel trap, and (to extend the metallic figure) a willingness, when the situation demands, to be as hard as nails in dealing with either ideas or people.