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1993

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Institution
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Articles 1 - 30 of 107

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 ...


Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase Jan 1993

Sentencing Guidelines In The States: Lessons For State And Federal Reformers, Richard Frase

Articles

No abstract provided.


The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase Jan 1993

The Role Of The Legislature, The Sentencing Commission, And Other Officials Under The Minnesota Sentencing Guidelines, Richard Frase

Articles

Minnesota's experience with sentencing guidelines remains critically important to legislators and sentencing reformers in other jurisdictions. Minnesota adopted the first commission-based presumptive sentencing system in 1980, and its Guidelines 1 have been the focus of exhaustive study. 2 The Minnesota Sentencing Guidelines Commission has routinely collected extensive data on all felony sentences, as well as more detailed data on selected sentencing samples. 3 This rich source of data and commentary, coupled with a considerable appellate caselaw interpreting the Guidelines and over a decade of legislative and Commission-initiated amendments, provides invaluable lessons concerning the processes by which commission-based guidelines are ...


Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt Jan 1993

Major Developments At The Un Commission On Human Rights In 1992, Joe W. (Chip) Pitts Iii, David Weissbrodt

Articles

The forty-eighth session of the United Nations Commission on Human Rights, the principal human rights organ of the United Nations, occurred at the Palais des Nations in Geneva, Switzerland from 27 January to 7 March 1992.' The session took place at a time of unprecedented invigoration of the United Nations in general, and demonstrated both the challenges and the opportunities facing the organization and its primary human rights arm in the world community today.


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult ...


The Administrative Claim Prerequisite To Suit Against The United States Under The Admiralty Jurisdiction Extension Act, Craig H. Allen Jan 1993

The Administrative Claim Prerequisite To Suit Against The United States Under The Admiralty Jurisdiction Extension Act, Craig H. Allen

Articles

The Admiralty Jurisdiction Extension Act (AJEA) confers federal admiralty jurisdiction over all causes of action for vessel-caused damage done or consummated on land. In extending admiralty jurisdiction to land-based damage, the Act not only opened admiralty courts to a new class of litigants, it also enlarged the range of possible claims which could be brought against the United States under the Suits in Admiralty Act (SAA) or the Public Vessels Act (PVA). At the same time, however, an important prerequisite to suit against the government was incorporated into the AJEA that is absent from the SAA or PVA: where an ...


Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr. Jan 1993

Where Environmental Law And Biology Meet: Of Pandas' Thumbs, Statutory Sleepers, And Effective Law, William H. Rodgers, Jr.

Articles

The purpose of this article is to introduce some of the recent findings of evolutionary biology to the legal community and to urge their consideration in developing a more effective law. As background, Part II of this article will present a brief evolutionary history of our own species.

Part III offers a primer on Darwin's theory of natural selection and the concept of adaptation, with special attention to the elaboration of altruism as it is known in modern biology. Part IV discusses maladaptation as a counterpoise to adaptation and underscores the notion with some stories from natural history on ...


Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper Jan 1993

Statutory Misinterpretations: A Legal Autopsy, Eric Schnapper

Articles

If the Supreme Court is willing to learn from past mistakes, the Court would find it particularly instructive to re-examine the now quite numerous civil rights decisions which have failed to survive congressional scrutiny. The United States Reports are today littered with the corpses of short-lived opinions purporting to interpret federal anti-discrimination statutes; most were dead on arrival in the bound volumes. October Term 1988 was a veritable Pickett's Charge of conservative misinterpretation. Patterson v. McLean Credit Union briefly displaced and destroyed much of section 1981; Public Employees Retirement System v. Betts temporarily overran parts of the Age Discrimination ...


Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews Jan 1993

Income From Separate Property: Towards A Theoretical Foundation, Thomas R. Andrews

Articles

This article addresses an important area of historical disagreement among the community property states: the characterization of the rents, issues, and profits ("income") from separate property brought into or acquired during marriage. Of the nine community property states, five characterize the income derived from separate property as separate property. The other four states characterize such income as community property. Although there have been scattered discussions of this issue throughout the community property case law and literature over the years, I have searched the literature in vain for a comprehensive treatment of the question. Certainly there has not been one in ...


Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble Jan 1993

Idaho Administrative Procedure Act: A Primer For The Practitioner, Dale Goble

Articles

No abstract provided.


Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard Jan 1993

Suretyship On The Fringe: Suretyship By Operation Of Law And By Analogy, D. Benjamin Beard

Articles

No abstract provided.


Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt Jan 1993

Lee V. Weisman: A New Age For Establishment Clause Jurisprudence?, Elizabeth Brandt

Articles

No abstract provided.


Stormy Weather Over The Management Of Federal Public Lands And The Federal And State Regulation Of Agricultural Pollution - Introduction, Dale Goble Jan 1993

Stormy Weather Over The Management Of Federal Public Lands And The Federal And State Regulation Of Agricultural Pollution - Introduction, Dale Goble

Articles

No abstract provided.


The Eagle Bird: Mapping A New West, Dale Goble Jan 1993

The Eagle Bird: Mapping A New West, Dale Goble

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.


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.


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

The Copenhagen Document: Interventionin Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.


Judaism And Postmodernism, Suzanne Last Stone Jan 1993

Judaism And Postmodernism, Suzanne Last Stone

Articles

No abstract provided.


Cornerstones Of The Judicial Process, Jerold H. Israel Jan 1993

Cornerstones Of The Judicial Process, Jerold H. Israel

Articles

Under our federated system of government, each state and the federal government have their own criminal justice processes. The federal system must comply with the constitutional prerequisites set forth in the Bill of Rights, and the state systems must comply with those Bill of Rights' provisions made applicable to the states by the Fourteenth Amendment,1 but those constitutional prerequisites allow considerable room for variation from one jurisdiction to another. In many respects, the fifty states and the federal government have used that leeway to produce considerable diversity in their respective criminal justice processes. At the same time, however, one ...


Transitional Constitutions, Arthur J. Jacobson Jan 1993

Transitional Constitutions, Arthur J. Jacobson

Articles

No abstract provided.