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1993

Law

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Full-Text Articles in Law

Mid-Atlantic Ethics Commitee Newsletter, Fall 1993 Oct 1993

Mid-Atlantic Ethics Commitee Newsletter, Fall 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Globalization Of Law, Politics, And Markets - Implications For Domestic Law - A European Perspective, Jost Delbruck Oct 1993

Globalization Of Law, Politics, And Markets - Implications For Domestic Law - A European Perspective, Jost Delbruck

Indiana Journal of Global Legal Studies

No abstract provided.


Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams Oct 1993

Gender In The Military: Androcentrism And Institutional Reform, Kathryn Abrams

Law and Contemporary Problems

Military exclusion policies have been challenged by straight women, gays and lesbians. Questions about the arguments and the institutional mechanisms through which change can best be achieved are discussed.


Theories Of Poetry, Theories Of Law, Lawrence Joseph Oct 1993

Theories Of Poetry, Theories Of Law, Lawrence Joseph

Vanderbilt Law Review

I write poetry." Also, since 1976, when I was admitted to practice before a state bar, I have served as a law clerk for a justice of a state supreme court, practiced, and mostly taught law. About the time that I began law school, while I was writing poems that would appear in my first book, an extraordinary change in jurisprudence began to occur, one which focused on legal language as something more than a medium for conveying singular meaning. This legal theory has become as important as any since legal realism. Because I also have written essays and re- ...


Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey Oct 1993

Harmless Error In Federal Habeas Corpus After Brecht V. Abrahamson, John H. Blume, Stephen P. Garvey

William & Mary Law Review

No abstract provided.


To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig Oct 1993

To Serve And Yet To Be Protected: The Unconstitutional Use Of Coerced Statements In Subsequent Criminal Proceedings Against Law Enforcement Officers, Andrew M. Herzig

William & Mary Law Review

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Summer 1993 Jul 1993

Mid-Atlantic Ethics Committee Newsletter, Summer 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr. Jul 1993

No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.

Law and Contemporary Problems

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.


“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell Jul 1993

“Cardozo’S Foot”: The Chancellor’S Conscience And Constructive Trusts, H. Jefferson Powell

Law and Contemporary Problems

The "chancellor's foot" is a term coined by English legal scholar John Selden for the argument that equity is an unjustified and unfortunate interference in the regular course of the rule of law. This issue is examined by focusing on a particular doctrine of equity, the constructive trust, and on a seminal figure in the development of the modern US understanding of constructive trusts, Benjamin Cardozo.


The Triumph Of Equity, Douglas Laycock Jul 1993

The Triumph Of Equity, Douglas Laycock

Law and Contemporary Problems

It is argued that the equitable remedies of injunction and specific performance have become routine in many legal contexts. This claim is supported by an overview of the contributions of equity to remedies, procedure and substantive law and to contemporary attitudes toward discretion and formalism.


Death By Default, James Lindgren Jul 1993

Death By Default, James Lindgren

Law and Contemporary Problems

It is argued that most people would prefer that their lives not be artificially prolonged and that, in the absence of evidence that a particular person would have preferred otherwise, courts should permit life support to be withdrawn. A counter argument is presented.


Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham Apr 1993

Management Of The Community Estate During An Intact Marriage, J. Thomas Oldham

Law and Contemporary Problems

The systems that have been created in community property states to address the management of various types of community property are surveyed, and an optimal managment system for marital property is recommended.


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

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

Law and Contemporary Problems

The characterization of the rents, issues and profits from separate property brought into or acquired during marriage is discussed. There has been no comprehensive treatment of this issue in community property case law and literature in recent years.


Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens Apr 1993

Teach Your Students Well: Valuing Clients In The Law School Clinic, Ann Juergens

Cornell Journal of Law and Public Policy

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Spring 1993 Apr 1993

Mid-Atlantic Ethics Committee Newsletter, Spring 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg Apr 1993

Identifying And Valuing Goodwill At Divorce, Grace Ganz Blumberg

Law and Contemporary Problems

A generally accepted economic and accounting definition of goodwill is presented. Divorce-related issues of goodwill are discussed.


Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.


The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch Apr 1993

The Hague Convention On The Law Applicable To Succession To The Estates Of Deceased Persons: Do Quasi-Community Property And Mandatory Survivorship Laws Need Protection?, Carol S. Bruch

Law and Contemporary Problems

Succession laws for those who have important connections with more than one country are clarified by the Hague Convention of Oct 20, 1988 on the Law Applicable to Succession to the Estates of Deceased Persons. One aspect of the Convention, mandatory survivorship rules, is examined, and possible effects of the testator's choice of law on them are considered.


Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr. Apr 1993

Celebrating Our Past, Celebrating Our Future, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.


Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson Apr 1993

Family Violence-Investigating Child Abuse And Learning From British Mistakes, Alastair Bissett-Johnson

Dalhousie Law Journal

It seems appropriate at the onset to set out something of what the disciplines of law, medicine and social work know about family violence and when, during recent years, this knowledge came to the attention of professionals, the public and legislature. We can then, perhaps, judge whether our existing laws, rules of evidence and procedure take this information adequately into account in dealing with cases of violence within the family. Whilst solving these problems takes time, and law often lags behind the behavioural sciences, the question arises whether the lag is too long and whether differences between experts in the ...


Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser Apr 1993

Cites For Sore Ears (A Paper Moon), Vaughan Black, David Fraser

Dalhousie Law Journal

Music, as we know, is one of our vital cultural practices. It "has charms to soothe a savage breast" and is "the food of love."' Someone who does not love music is not to be trusted but someone "who has music in his [sic] soul will be most in love with the loveliest." Music and one's attitude towards it tell us a lot about the ethical and moral value of a person. Law, another key part of our culture, has traditionally dealt with music mainly as something which might fall within the domain of copyright or some related field ...


Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle Mar 1993

Legal Realism And The Social Contract: Fuller’S Public Jurisprudence Of Form Private Jurisprudence Of Substance , James Boyle

Cornell Law Review

No abstract provided.


Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden Mar 1993

Religiously Motivated "Outrageous" Conduct: Intentional Infliction Of Emotional Distress As A Weapon Against "Other People's Faiths", Paul T. Hayden

William & Mary Law Review

No abstract provided.


Farmers And Ranchers, Roger A. Lohmann Feb 1993

Farmers And Ranchers, Roger A. Lohmann

Faculty & Staff Scholarship

This book review, part of the third/nonprofit sector literature considers a case study of informal cooperation and decision-making in Shasta County, California. In certain key respects, the case parallels issues of the research literature on commons.


Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier Feb 1993

Interdisciplinary Legal Scholarship In Search Of A Paradigm, Charles W. Collier

Duke Law Journal

No abstract provided.


Law, Art, And The Killing Jar, Louise Harmon Jan 1993

Law, Art, And The Killing Jar, Louise Harmon

Scholarly Works

No abstract provided.


Mid-Atlantic Ethics Committee Newsletter, Winter 1993 Jan 1993

Mid-Atlantic Ethics Committee Newsletter, Winter 1993

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.


China And Gatt: Accession Instead Of Resumption, Ya Qin Jan 1993

China And Gatt: Accession Instead Of Resumption, Ya Qin

Law Faculty Research Publications

No abstract provided.


Comment: Passions And Passivity, Bruce A. Wolk Jan 1993

Comment: Passions And Passivity, Bruce A. Wolk

Law and Contemporary Problems

Gregory S. Alexander's argument that pension funds, which are passively owned, can act as a device for achieving workplace democracy is criticized. It is argued that Alexander places the wrong emphasis on the relationship between property ownership and public responsibility.


Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton Jan 1993

Recognizing And Enforcing State And Tribal Judgements: A Roundtable Discussion Of Law, Policy, And Practice, Richard E. Ransom, Christine Zuni, P. S. Deloria, Robert N. Clinton

American Indian Law Review

No abstract provided.