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Series

Articles

1993

Discipline
Institution
Keyword

Articles 1 - 30 of 101

Full-Text Articles in Law

The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt Jan 1993

The Forty-Fourth Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities And The Special Session Of The Commission On Human Rights On The Situation In The Former Yugoslavia, Alya Z. Kayal, Penny L. Parker, David Weissbrodt

Articles

The 1992 meeting of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities is chronicled, along with the results of the special session held by the UN Human Rights Commission on Yugoslavia. The work of the Sub-Commission included surveying human rights compliance in various member countries, mandating compliance for Bosnia-Herzegovina, East Timor, Bougainville and Haiti, and discussing issues such as homosexual discrimination as human rights violations. The Commission took evidence on abuses in Yugoslavia and resolved to take action to force compliance.


The Uncertain Future Of Sentencing Guidelines, Richard Frase Jan 1993

The Uncertain Future Of Sentencing Guidelines, Richard Frase

Articles

As of the fall of 1993, at least 15 states and the federal government had adopted or were in the process of adopting sentencing guidelines developed by an independent sentencing commission. 1 Minnesota pioneered this approach to sentencing reform in 1978. 2 Its guidelines have now been in effect for more than a decade, and they have been more extensively studied and evaluated than any other system. 3 In addition, many observers believe that the Minne sota Sentencing Guidelines remain one of the better-designed and successful systems of this type. 4 Ironically, the more-recently-enacted Federal Sentencing Guidelines may be the ...


Organizational Crime, Michael Tonry Jan 1993

Organizational Crime, Michael Tonry

Articles

No abstract provided.


Sentencing Commissions And Their Guidelines, Michael Tonry Jan 1993

Sentencing Commissions And Their Guidelines, Michael Tonry

Articles

Sentencing commissions, administrative agencies charged to develop and promulgate standards for sentencing, were first proposed early in the 1970s and first established in 1978. Of four recent major sentencing reform approaches-the others being parole guidelines, voluntary sentencing guidelines, and statutory determinate sentences-only sentencing commission systems continue to be created. Despite controversies associated with the highly unpopular federal guidelines, commissions and their guidelines have achieved their primary goals. Some commissions have achieved specialized technical competence, have adopted comprehensive policy approaches, and have to a degree insulated policy from short-term political pressures. Guidelines have reduced disparities and gender and sex differences in ...


Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase Jan 1993

Implementing Commission-Based Sentencing Guidelines: The Lessons Of The First Ten Years In Minnesota, Richard Frase

Articles

No abstract provided.


The Success Of Judge Frankel's Sentencing Commission, Michael Tonry Jan 1993

The Success Of Judge Frankel's Sentencing Commission, Michael Tonry

Articles

No abstract provided.


Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams Jan 1993

Governance In Chapter 11 Reorganizations: Reducing Costs, Improving Results, Edward S. Adams

Articles

Throughout the past two years, Trans World Airlines, Midway Airlines, and R.H. Macy Company, as well as over 46,000 other corporations, have filed petitions for relief under Chapter 11 of the United States Bankruptcy Code. Of the firms that have filed Chapter 11 reorganization petitions, over eighty percent will never reorganize successfully and will not avoid a subsequent conversion to a Chapter 7 liquidation proceeding. The effects of these “misfilings” are enormous. Most fundamentally, an attempted reorganization, when liquidation is the more efficient solution, can unnecessarily increase the overall costs of bankruptcy significantly.


The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows Jan 1993

The Law Of Legitimacy: An Instrument Of Procreative Power, Mary Louise Fellows

Articles

The purpose of this Article is to explore how inheritance law, through its reliance on the laws regarding legitimacy, affects the construction of sexuality and procreative power in our society. The crucial importance of female monogamy in a private property regime is well-recognized. It is the only means by which a man can assure himself that his wealth will be inherited by his offspring. The enforcement of female monogamy by men enhances a man’s procreative power because it provides the basis for his claim of paternity.


Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows Jan 1993

Traveling The Road Of Probate Reform: Finding The Way To Your Will (A Response To Professor Ascher), Mary Louise Fellows

Articles

In the United States during this century, probate law and practice have undergone significant changes. Some of the changes are attributable to exogenous factors, such as the development of state and federal income and transfer tax systems, the development of a variety of types of insurance and other contractual arrangements, and the transformation of the American family profile. Other changes are attributable to endogenous factors, such as the growing frustration with traditional will formalities.


Globalization Of Constitutional Law And Civil Rights, David Weissbrodt Jan 1993

Globalization Of Constitutional Law And Civil Rights, David Weissbrodt

Articles

The teaching of U.S. constitutional law is remarkably insular. A quick review of course books reveals few, if any, references to materials from other countries or to relevant international law.1 Constitutional law courses focus almost exclusively on the U.S. constitutional order. The course books appear to consider as unique this country's balance of power between the national government and the states and its approach to bridging the structural tension among executive, legislative, andjudicial branches. One colleague facetiously told me that the only country comparable to the United States is the United Kingdom. Since the U.K ...


Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld Jan 1993

Modern Constitutionalism As Interplay Between Identity And Diversity: An Introduction, Michel Rosenfeld

Articles

No abstract provided.


Transitional Constitutions, Arthur J. Jacobson Jan 1993

Transitional Constitutions, Arthur J. Jacobson

Articles

No abstract provided.


Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price Jan 1993

Comparing Broadcast Structures: Transnational Perspectives And Post-Communist Examples, Monroe E. Price

Articles

No abstract provided.


Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld Jan 1993

Executive Autonomy, Judicial Authority And The Rule Of Law: Reflections On Constitutional Interpretation And The Separation Of Powers, Michel Rosenfeld

Articles

No abstract provided.


Imposing Unified Executive Branch Statutory Interpretation, Michael Herz Jan 1993

Imposing Unified Executive Branch Statutory Interpretation, Michael Herz

Articles

No abstract provided.


Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson Jan 1993

Margery Hunter Brown: Teacher, Scholar, And First Citizen Of Montana, Charles F. Wilkinson

Articles

No abstract provided.


Name-Calling And The Clear Error Rule, Robert F. Nagel Jan 1993

Name-Calling And The Clear Error Rule, Robert F. Nagel

Articles

No abstract provided.


From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches Jan 1993

From Askhabad, To Wellton-Mohawk, To Los Angeles: The Drought In Water Policy, David H. Getches

Articles

No abstract provided.


A Tribute To Thurgood Marshall, Peter N. Simon Jan 1993

A Tribute To Thurgood Marshall, Peter N. Simon

Articles

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Articles

No abstract provided.


The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam Jan 1993

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.


Three Lessons From Law And Literature, Richard H. Weisberg Jan 1993

Three Lessons From Law And Literature, Richard H. Weisberg

Articles

No abstract provided.


Gynaetopia: Feminine Genealogies Of Common Law, Peter Goodrich Jan 1993

Gynaetopia: Feminine Genealogies Of Common Law, Peter Goodrich

Articles

No abstract provided.


Purchase Money Under The Uniform Commercial Code, David Gray Carlson Jan 1993

Purchase Money Under The Uniform Commercial Code, David Gray Carlson

Articles

No abstract provided.


On The Margins Of Microeconomics, David Gray Carlson Jan 1993

On The Margins Of Microeconomics, David Gray Carlson

Articles

No abstract provided.


Jacob Burns And The Institute For Advanced Legal Studies, David Gray Carlson Jan 1993

Jacob Burns And The Institute For Advanced Legal Studies, David Gray Carlson

Articles

No abstract provided.


Advocacy And Scholarship, Paul F. Campos Jan 1993

Advocacy And Scholarship, Paul F. Campos

Articles

The apex of American legal thought is embodied in two types of writings: the federal appellate opinion and the law review article. In this Article, the author criticizes the whole enterprise of doctrinal constitutional law scholarship, using a recent U.S. Supreme Court case and a Harvard Law Review article as quintessential examples of the dominant genre. In a rhetorical tour de force, the author argues that most of modern constitutional scholarship is really advocacy in the guise of scholarship. Such an approach to legal scholarship may have some merit as a strategic move towards a political end; however, it ...


That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Articles

No abstract provided.


Silence And The Word, Paul Campos Jan 1993

Silence And The Word, Paul Campos

Articles

No abstract provided.


Making America Competitive, Mark J. Loewenstein Jan 1993

Making America Competitive, Mark J. Loewenstein

Articles

No abstract provided.