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Full-Text Articles in Law

Indian Tribes And The Legal System, Ralph W. Johnson Oct 1997

Indian Tribes And The Legal System, Ralph W. Johnson

Articles

This article surveys the past and present role of lawyers in the field of Indian law, from the absence of attorneys in early treaty negotiations through the formative role lawyers played in developing the federal trust relationship, to their modem role as "legal warriors" for the increasingly independent, autonomous tribes of today. To understand all the changes now occurring in Indian law, a review of the background is helpful. What follows is a synopsis of the significant events in Indian history, focusing on how the U.S. government initially treated Indians and the role the legal profession played in this ...


Dedication To Professor Ralph W. Johnson, David H. Getches Oct 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

This Indian law symposium issue of the Washington Law Review was inspired by the work of Professor Ralph W. Johnson, whose teaching and personal commitment to the field have motivated hundreds, if not thousands, of law students. The decision of the Editorial Board to dedicate the symposium to him might have been made by as many as thirty classes that have passed through the University of Washington School of Law. Those students have been introduced to and moved by Professor Johnson's elucidation of a field that is at once intellectually challenging and morally significant. Johnson's alumni have spread ...


Testing Testing, Carl E. Schneider Jul 1997

Testing Testing, Carl E. Schneider

Articles

Last year, Congress passed the Ryan White Care Act Amendments of 1996. The amendments authorize ten million dollars for each fiscal year from 1996 through 2000 for counseling pregnant women on HIV disease, for "outreach efforts to pregnant women at high risk of HN who are not currently receiving prenatal care," and for voluntary testing for pregnant women. The amendments compromise a central question: whether prenatal and neonatal AIDS testing should be compelled. The compromise is complex. The director of the Centers for Disease Control and Prevention is instructed to establish a system for states to use to discover and ...


Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld Jan 1997

Abolish The Juvenile Court: Youthfulness, Criminal Responsibility, And Sentencing Policy, Barry C. Feld

Articles

The juvenile court system should be abolished and all juvenile offenders should be integrated into the traditional criminal court system. The offenders' age should be taken into account during sentencing. The juvenile court system is a failure because a criminal punishment system cannot also be a social welfare system.


Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel Jan 1997

Review Of Developments At The 48th Session Of The United Nations Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, David Weissbrodt, Sosamma Samuel

Articles

Until the turning point of the 1993 World Conference on Human Rights in Vienna, few issues received as little political attention at the United Nations as the human rights of women. Now, thanks to the efforts of non-governmental organizations (NGOs), academics, and other advocates, the Conference itself can claim the placement of women on the human rights agenda as one of its clearest victories. The weaknesses of the United Nations and of the international community as a whole {including states and NGOs) have been primarily in two areas: (a) at the conceptual level, their failure, until recently, to declare all ...


Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford Jan 1997

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Articles

The enactment of the National Labor Relations Act 1 ("NLRA") in 1935 was an economic and social watershed. The NLRA was the successor to section 7(a) of the National Industrial Recovery Act 2 ("NIRA"), the initial experiment in American corporatist governance. 3 The NLRA gave the United States a radically new labor policy, one dramatically more effective in facilitating union organization than its immediate predecessor. Following the path identified by the predecessor NIRA, which had contemplated a network of industry "codes," labor relations under the NLRA have developed in significant part along industry lines. 4 And until the mid-1960s ...


Ethnicity, Crime, And Immigration, Michael Tonry Jan 1997

Ethnicity, Crime, And Immigration, Michael Tonry

Articles

No abstract provided.


Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry Jan 1997

Gender, Race, And Sentencing, Kathleen Daly, Michael Tonry

Articles

No abstract provided.


Sentencing Principles In Theory And Practice, Richard Frase Jan 1997

Sentencing Principles In Theory And Practice, Richard Frase

Articles

No abstract provided.


Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle Jan 1997

Solving A Profound Flaw In Fraud-On-The-Market Theory: Utilizing A Derivative Of Arbitrage Pricing Theory To Measure Rule 10b-5 Damages, Edward Adams, David E. Runkle

Articles

This Article contends that, contrary to its present use in the securities fraud realm as sanctioned by the Supreme Court and as assumed to be correct by most commentators, the CAPM is irrelevant for measuring damages in Rule 10b-5 cases because the CAPM is not designed to measure what stock prices would have been if the requisite fraud had not occurred. Instead, the CAPM is designed to help investors and portfolio managers determine optimal asset portfolios. That is, the CAPM is designed to help people make decisions about assets with uncertain future returns, rather than to analyze the actual past ...


Justices At Work: An Introduction, Michel Rosenfeld Jan 1997

Justices At Work: An Introduction, Michel Rosenfeld

Articles

No abstract provided.


Conclusion, Monroe E. Price Jan 1997

Conclusion, Monroe E. Price

Articles

No abstract provided.


Book Review, S. James Anaya Jan 1997

Book Review, S. James Anaya

Articles

No abstract provided.


The Empty Circles Of Liberal Justification, Pierre Schlag Jan 1997

The Empty Circles Of Liberal Justification, Pierre Schlag

Articles

No abstract provided.


Real Revolution, Robert F. Nagel Jan 1997

Real Revolution, Robert F. Nagel

Articles

No abstract provided.


Race And Criminal Justice, Richard B. Collins Jan 1997

Race And Criminal Justice, Richard B. Collins

Articles

No abstract provided.


Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches Jan 1997

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Articles

No abstract provided.


Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David Gray Carlson Jan 1997

Rake's Progress: Cure And Reinstatement Of Secured Claims In Bankruptcy Reorganization, David Gray Carlson

Articles

No abstract provided.


What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam Jan 1997

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.


The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love Jan 1997

The Top Ten Reasons Why Mediators Should Not Evaluate, Lela P. Love

Articles

The ten reasons outlined in this article demonstrate that a mediator’s giving advice, making assessments and stating opinions — particularly where the mediator presses parties to accept a particular opinion, outcome or assessment — are inconsistent with the role of a mediator.


The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk,, Edward Stein, Jacinta Kerin, William Byne Jan 1997

The Ethics Of Genetic Research On Sexual Orientation, Udo Schuklenk,, Edward Stein, Jacinta Kerin, William Byne

Articles

No abstract provided.


The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham Jan 1997

The Hazards Of Tinkering With The Common Law Of Future Interests: The California Experience, Laura E. Cunningham

Articles

No abstract provided.


The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price Jan 1997

The Market For Loyalties And The Uses Of Comparative Media Law, Monroe E. Price

Articles

No abstract provided.


Corporate Culture In Takeovers, Charles M. Yablon Jan 1997

Corporate Culture In Takeovers, Charles M. Yablon

Articles

No abstract provided.


A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald Jan 1997

A Tale Of Two Cities: Day Labor And Conflict Resolution For Communities In Crisis, Lela P. Love, Cheryl Mcdonald

Articles

Through the lens of Glen Cove and Agoura Hills, two cities facing social crisis revolving around a shaping point, this article addresses the importance of government and key interest groups developing approaches to conflict that will best move society forward while limiting the danger and costs of discord. This "tale of two cities" describes two remarkably similar situations involving day laborers and argues that one community’s choice of mediation after the commencement of litigation resulted in outcomes that addressed and satisfied a wider range of constituency interests than those realized by the community that chose litigation alone.


Minority Protection In Residential Private Governments, Stewart E. Sterk Jan 1997

Minority Protection In Residential Private Governments, Stewart E. Sterk

Articles

No abstract provided.


For Realization: Income Taxation, Sectoral Accretionism, And The Virtue Of Attainable Virtues, Edward A. Zelinsky Jan 1997

For Realization: Income Taxation, Sectoral Accretionism, And The Virtue Of Attainable Virtues, Edward A. Zelinsky

Articles

No abstract provided.


A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst Jan 1997

A Methodological Perspective On The Use Of Comparative Media Law, Monroe E. Price, Stefaan G. Verhulst

Articles

No abstract provided.


Dedication To Professor Ralph W. Johnson, David H. Getches Jan 1997

Dedication To Professor Ralph W. Johnson, David H. Getches

Articles

No abstract provided.


Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes Jan 1997

Freedom Of Contract, Fiduciary Duties, And Partnerships: The Bargain Principle And The Law Of Agency, J. Dennis Hynes

Articles

No abstract provided.