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1998

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Institution
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Articles 1 - 30 of 127

Full-Text Articles in Law

Hard Cases, Carl E. Schneider Mar 1998

Hard Cases, Carl E. Schneider

Articles

Robert Latimer was born in 1953 on a farm on the prairies of Saskatchewan and grew up to own a 1,280-acre farm. In 1980 he married, and that year Tracy, the first of four children, was born. During her birth, Tracy's brain was terribly damaged by lack of oxygen, and severe cerebral palsy ensued. By 1993 Tracy could laugh, smile, and cry, and she could recognize her parents and her siblings. But she could not understand her own name or even simple words like "yes" and "no." She could not swallow well and would so often vomit her ...


Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen Jan 1998

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part I), Craig H. Allen

Articles

In examining federalism issues relevant to merchant vessels, this article will distinguish between those laws and regulations governing liability for harm and those which regulate safety. Federalism questions arise most frequently in the former, private, maritime law domain, when courts are called upon to determine judicial jurisdiction and the extent to which state law may be applied to adjudicate liability and damages in cases falling within the admiralty and maritime jurisdiction. Less frequently, the federalism debate focuses on public maritime law, when states seek to regulate commercial vessel safety or vessel-source pollution.

This article will begin with an examination of ...


Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn Jan 1998

Couriers Without Luggage: Negotiable Instruments And Digital Signatures, Jane Kaufman Winn

Articles

Prior to the very recent explosion of interest in the Internet, for decades electronic commerce had been conducted on a large scale over closed networks. Since the late 1960s, billions of dollars in funds transfers have been executed over networked computer systems such as the Federal Reserve Wire Network (Fedwire), Clearing House Interbank Payment System (CHIPS), and the automated clearing house system (ACH); billions of dollars of goods have been sold over electronic data interchange networks. These closed, proprietary networks were built during the era of mainframe computer systems and are now being challenged by open networks of distributed client-server ...


Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn Jan 1998

Open Systems, Free Markets, And Regulation Of Internet Commerce, Jane Kaufman Winn

Articles

Can commercial transactions conducted over the Internet be regulated by existing commercial law doctrines? Many promoters of Internet commerce argue that business done over open computer networks such as the Internet will require a new regulatory framework In fact, many issues raised by Internet commerce have already been considered at length in the context of electronic commerce conducted over closed computer networks, such as those used in financial markets.

One of the most hotly debated issues regarding the regulation of Internet commerce is the question of what would be the online equivalent of a signature. Some have argued that, because ...


Regulating The Use Of The Internet In Securities Markets, Jane Kaufman Winn Jan 1998

Regulating The Use Of The Internet In Securities Markets, Jane Kaufman Winn

Articles

As use of the Internet and other new technologies in securities continues to expand, the U.S. Securities and Exchange Commission and self-regulatory organizations (SROs) within the securities industry have continued their efforts to adapt their existing regulations to these developments. Although regulators in the United States have provided guidance to market participants on many issues, many other important questions under U.S. securities law remain unanswered.

Guidance regard to securities law in other jurisdictions is almost non-existent, though transnational organizations, such as the International Organization of Securities Commissions (IOSCO), are working to remedy this situation. I

n 1997 and ...


The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor Jan 1998

The De Minimus Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud?, Sean M. O'Connor

Articles

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards[that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic ...


Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly Jan 1998

Yearning For Lake Wobegon: The Quest For The Best Test At The Expense Of The Best Education, Lisa Kelly

Articles

This article first will outline the various tests or assessments. Next, recent federal and state mandates for standardized testing of elementary school children will be examined. Then, the educational literature will be reviewed to expose the dangers of testing, particularly in the early grades. Finally, I will urge that the Clinton administration, Congress, and the states step back from this manner of securing educational adequacy. These governmental policies are rooted in the stated intention of guaranteeing that all schools are doing right by all of the children. However, early testing fosters the opposite result-educational inequity through tracking, retention, and the ...


The License Is The Product: Comments On The Promise Of Article 2b For Software And Information Licensing, Robert W. Gomulkiewicz Jan 1998

The License Is The Product: Comments On The Promise Of Article 2b For Software And Information Licensing, Robert W. Gomulkiewicz

Articles

Article 2B promises to draw together contract principles for software and information licensing that, at present, are spread among various bodies of law.

This Article argues that Article 2B must affirm industry standard licensing practices in order to prove beneficial. For example, Article 2B's affirmation of industry standard mass market licensing is important for both publishers and end users. Article 2B must also provide the flexibility to accommodate new distribution and licensing models that will arise as electronic commerce matures. Any other approach would fundamentally disrupt the software and information industries.

Moreover, this Article urges the drafters of Article ...


Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen Jan 1998

Federalism In The Era Of International Standards: Federal And State Government Regulation Of Merchant Vessels In The United States (Part Ii), Craig H. Allen

Articles

No abstract provided.


Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn Jan 1998

Integrating Alternative Dispute Resolution (Adr) Into The Curriculum At The University Of Washington School Of Law: A Report And Reflections, Lea B. Vaughn

Articles

The essay is framed in two basic parts. In the first part, it describes the program of integration that was undertaken at the University of Washington during the 1995-1997 period of the Fund for the Improvement of Post-Secondary Education (FIPSE) grant. After describing the context in which these curricular changes were made, it describes the changes in years one and two of the grant program. Additional changes that have occurred subsequent to the final grant report in October 1997 also will be summarized. One of the lessons that emerges from our experience is that change will be an incremental, long ...


All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble Jan 1998

All Along The Watchtower: Economic Loss In Tort (The Idaho Case Law), Dale Goble

Articles

No abstract provided.


Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge, Jr. Jan 1998

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge, Jr.

Articles

No abstract provided.


Publicity In High Profile Criminal Cases, H. Patrick Furman Jan 1998

Publicity In High Profile Criminal Cases, H. Patrick Furman

Articles

No abstract provided.


Book Review, Lakshman D. Guruswamy Jan 1998

Book Review, Lakshman D. Guruswamy

Articles

No abstract provided.


Judicial Supremacy And The Settlement Function, Robert F. Nagel Jan 1998

Judicial Supremacy And The Settlement Function, Robert F. Nagel

Articles

No abstract provided.


The American "Adversary System"?, William T. Pizzi Jan 1998

The American "Adversary System"?, William T. Pizzi

Articles

No abstract provided.


Customary International Law, S. James Anaya Jan 1998

Customary International Law, S. James Anaya

Articles

No abstract provided.


The Execution Of Search Warrants, H. Patrick Furman Jan 1998

The Execution Of Search Warrants, H. Patrick Furman

Articles

No abstract provided.


Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur Jan 1998

Tapping Rainy Day Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur

Articles

No abstract provided.


Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey Jan 1998

Subtracting Sexism From The Classroom: Law And Policy In The Debate Over All-Female Math And Science Classes In Public Schools, Carolyn B. Ramsey

Articles

No abstract provided.


The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy Jan 1998

The Promise Of The United Nations Convention On The Law Of The Sea (Unclos): Justice In Trade And Environment Disputes, Lakshman Guruswamy

Articles

No abstract provided.


Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy Jan 1998

Should Unclos Or Gatt/Wto Decide Trade And Environment Disputes?, Lakshman D. Guruswamy

Articles

No abstract provided.


Introduction: Symposium On Constitutional Elitism, Robert F. Nagel Jan 1998

Introduction: Symposium On Constitutional Elitism, Robert F. Nagel

Articles

No abstract provided.


Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks Jan 1998

Women And The Promise Of Equal Citizenship, Jennifer S. Hendricks

Articles

Anticipating the decision in United States v. Morrison (2000), holding that the civil rights remedy of the Violence Against Women Act was not a legitimate exercise of Congress's power to enforce the Equal Protection Clause, this article argues that the Act could be upheld as an exercise of Congress's authority under the Citizenship Clause of the Fourteenth Amendment. Congress's authority under the Citizenship Clause is analogous to its authority under the "badges and incidents" doctrine of the Thirteenth Amendment, which allows Congress to provide protection from discriminatory violence. This theory would also guide interpretation of the act ...


Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman Jan 1998

Observations On The Interpretation And Application Of Article 43 Of Unclos With Particular Reference To The Straits Of Malacca And Singapore, Bernard H. Oxman

Articles

No abstract provided.


Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen Jan 1998

Some Examples Of Using Legal Relations Language In The Legal Domain: Applied Deontic Logic, Layman E. Allen

Articles

The fundamental concept of the LEGAL RELATIONS Language (LRL) is the recursively-defined notion of LEGAL RELATION (LR). As LR is defined here, there is an infinite number of different LEGAL RELATIONS, and LRL is a language for precisely and completely describing each of those infinite number of dfferent LEGAL RELATIONS. With its robust collection of dfferent names, one for each of the different LEGAL RELATIONS, LRL provides adequate vocabulary for (1) describing every possible legal state of affairs, (2) accounting for every possible change from one legal state of affairs to another, (3) representing every possible legal rule, and (4 ...


In Appreciation Of Ted St. Antoine, Terrance Sandalow Jan 1998

In Appreciation Of Ted St. Antoine, Terrance Sandalow

Articles

As I began to think of what I might say this evening, it occurred to me that I was fortunate the occasion had not been billed as a roast. It would not be easy - and, indeed, might be sacrilegious - to direct attention to the foibles of a man whom thousands call "the Saint." That title, by which he has been known by generations of students, is, of course, a measure of their affection and their esteem for him. For more than three decades, Ted has been one of our most popular teachers. Although I have learned a great deal from ...


How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine Jan 1998

How The Wagner Act Came To Be: A Prospectus, Theodore J. St. Antoine

Articles

The Wagner Act of 1935, the original National Labor Relations Act (NLRA), has been called "perhaps the most radical piece of legislation ever enacted by the United States Congress."' But Supreme Court interpretations supposedly frustrated the utopian aspirations for a radical restructuring of the workplace." Similarly, according to another commentator, unnecessary language in one of the Court's earliest NLRA cases "drastically undercut the new act's protection of the critical right to strike."'


The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White Jan 1998

The Slippery Slope To Bankruptcy - Should Some Claimants Get A 'Carve-Out' From Secured Credit? No: It's A Populist Craving For A Petit Bourgeois Valhalla, James J. White

Articles

In 1996, Professor Elizabeth Warren made a proposal to the American Law Institute and the Drafting Committee for Article 9 for a “20 percent set aside” for unsecured claimants. As I understand it, her proposal would amend Section 9-301 of Article 9 (the section that now implicitly subordinates a lien creditor to a prior perfected secured creditor).


Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger Jan 1998

Injured Women Before Common Law Courts, 1860-1930, Margo Schlanger

Articles

How did early American tort law treat women? How were they expected to behave, and how were others expected to behave towards them? What gender differences mattered, and how did courts deal with those differences? These are the issues this Article explores. My aim is to illuminate the common law of torts and its relation to and with ideas about gender difference, by focusing on three sets of cases involving injured women, spanning the time between approximately 1860 and 1930. My conclusions run counter to two approaches scholars have frequently taken in analyzing gender and the common law of torts ...