Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Public Affairs, Public Policy and Public Administration (6)
- Social and Behavioral Sciences (6)
- Arts and Humanities (4)
- Feminist, Gender, and Sexuality Studies (4)
- History (4)
-
- Law and Politics (4)
- Public Administration (4)
- Public Affairs (4)
- Women's Studies (4)
- Banking and Finance Law (2)
- Environmental Policy (2)
- Environmental Sciences (2)
- Family Law (2)
- Legislation (2)
- Physical Sciences and Mathematics (2)
- Business Organizations Law (1)
- Communications Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Environmental Law (1)
- Health Law and Policy (1)
- Legal Biography (1)
- Legal Education (1)
- Legal Ethics and Professional Responsibility (1)
- Legal History (1)
- Legal Writing and Research (1)
- Natural Resources Law (1)
- Natural Resources Management and Policy (1)
- Natural Resources and Conservation (1)
- Institution
-
- Duke Law (10)
- The University of Maine (4)
- University of Colorado Law School (2)
- Boston University School of Law (1)
- Cleveland State University (1)
-
- Cornell University Law School (1)
- Maurer School of Law: Indiana University (1)
- Schulich School of Law, Dalhousie University (1)
- SelectedWorks (1)
- University of Kentucky (1)
- University of Miami Law School (1)
- University of New Hampshire (1)
- University of South Carolina (1)
- University of Tennessee College of Law (1)
- Publication
- Publication Type
Articles 1 - 27 of 27
Full-Text Articles in Law
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon
Federal Communications Law Journal
No abstract provided.
Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - November) No. 9, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Accrediting And The Sherman Act, Clark C. Havighurst, Peter M. Brody
Law and Contemporary Problems
The shortcomings of the Sherman Act as it relates to private accrediting are examined in order to assist courts in minimizing the anticompetitive features of accreditation and maximizing its procompetitive benefits. A lack of clear legal principles to guide factual analysis and to facilitate the granting of summary judgment in appropriate cases has led to unfocused and protracted litigation.
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Color As A Trademark Under The Lanham Act: Confusion In The Circuits And The Need For Uniformity, J. Christopher Carraway
Law and Contemporary Problems
The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Regulations Under The Higher Education Amendments Of 1992: A Case Study In Negotiated Rulemaking, Mark L. Pelesh
Law and Contemporary Problems
The Higher Education Amendments of 1992 formally provided for a "Program Integrity Triad" of accrediting agencies, the states, and the Department of Education to control access to student financial assistance programs. Negotiated rulemaking was mandated by Congress for the implementation of the program.
Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - September) No. 8, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
Comparison Of Environmental Risk Provisions In The 103d Congress, Linda-Jo Schierow
RISK: Health, Safety & Environment (1990-2002)
Dr. Schierow, an Analyst in Environmental Policy with the Congressional Research Service, presents a tabulated summary of comparable provisions in several bills with special attention to the Risk Assessment Improvement Act of 1994.
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Comment On Judge F. Weis, Jr., Service By Mail—Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman
Law and Contemporary Problems
Joseph F. Weis Jr's theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism.
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Reflections On The Interface Of Treaties And Rules Of Procedure: Time For Federal “Long-Arm” Legislation, J. Dickson Phillips, Paul D. Carrington
Law and Contemporary Problems
Civil justice in the US is a primary means of law enforcement, and those who compete in the US economy ought, except in compelling circumstances, to be subject to the same modes of law enforcement as their US competitors. The five-tiered process for rulemaking regarding special accomodation of foreign interests is examined.
Is Purely Retroactive Legislation Limited By The Separation Of Powers?: Rethinking United States V. Klein , J. Richard Doidge
Is Purely Retroactive Legislation Limited By The Separation Of Powers?: Rethinking United States V. Klein , J. Richard Doidge
Cornell Law Review
No abstract provided.
Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - April) No. 7, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Computer Viruses: Legal Aspects, Robert J. Malone, Dr. Reuven R. Levary
Computer Viruses: Legal Aspects, Robert J. Malone, Dr. Reuven R. Levary
University of Miami Business Law Review
No abstract provided.
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman
Dalhousie Law Journal
This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
14th Annual Conference On Legal Issues For Financial Institutions, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, M. Brooks Senn, M. Thurman Senn, Stephen M. Cross, James A. Huguenard, Walter R. Byrne, J. Rick Jones, William G. Porter Ii, Anthony J. O'Malley, Willam M. Lear, Robert M. Watt Iii, Herbert Miller, John T. Mcgarvey, Gwendolyn M. Young
Continuing Legal Education Materials
Materials from the 14th Annual Conference on Legal Issues For Financial Institutions held by UK/CLE in March 1994.
Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff
Maine Women's Lobby News Letter (1994 - February) No. 6, Maine Women's Lobby Staff
Maine Women's Publications - All
No abstract provided.
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Comment On Mcnollgast “Legislative Intent”, Robert H. Bates
Law and Contemporary Problems
McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.
Post-Enactment Legislative Signals, William Eskridge Jr.
Post-Enactment Legislative Signals, William Eskridge Jr.
Law and Contemporary Problems
Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.
Standing Up To Stalkers: South Carolina's Antistalking Law Is A Good First Step, Christine Olle Sloan
Standing Up To Stalkers: South Carolina's Antistalking Law Is A Good First Step, Christine Olle Sloan
South Carolina Law Review
No abstract provided.
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
The History Of Statutory Compilations In Pennsylvania, Joel Fishman
Joel Fishman
This article deals with the history of both unofficial and official statutory compilations (chronological and topical) in Pennsylvania.
Towards Integrated Environmental Management: A Reconnaissance Of State Statutes, Stephen M. Born, University Of Colorado Boulder. Natural Resources Law Center
Towards Integrated Environmental Management: A Reconnaissance Of State Statutes, Stephen M. Born, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
15 p. ; 28 cm
Natural Resources Litigation: A Dialogue On Discovery Abuse And The New Federal Rules, George E. Lohr, Nancy Gegenheimer, University Of Colorado Boulder. Natural Resources Law Center
Natural Resources Litigation: A Dialogue On Discovery Abuse And The New Federal Rules, George E. Lohr, Nancy Gegenheimer, University Of Colorado Boulder. Natural Resources Law Center
Books, Reports, and Studies
11 p. ; 28 cm
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Comment On A “Positive Theory Of Legislative Intent”, Michael Munger
Law and Contemporary Problems
The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo
Law and Contemporary Problems
The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds
Scholarly Works
No abstract provided.
The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel
The Pros And Cons Of A Self-Regulatory Organization For Advisers And Mutual Funds, Tamar Frankel
Faculty Scholarship
Congress is seriously considering bills to establish self-regulatory organizations (SROs) for investment advisers (advisers) and investment companies (Funds). These bills would require members of the investment management industry to regulate themselves under the watchful eye of the Securities and Exchange Commission, similar in approach to the regulation of broker-dealers by the National Association of Securities Dealers, Inc. (NASD) and the securities exchanges. Proposals to establish SRO for investment advisers have arisen before. However, those proposals did not cover Funds and their advisers,
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
The Law And Assisted Reproduction In The United Kingdom And United States, Robert L. Stenger
Journal of Law and Health
The development, publicity and availability of new and assisted methods of human reproduction raise profound ethical, legal and medical concerns. As for any new medical technology, there is a need for research and experimentation. At the same time, because human life is involved, there are calls for ethical and legal evaluations and regulations. These new technologies have been developed and applied in different countries, each with different cultures and legal traditions. It is instructive to compare how different countries respond legally to such new technologies. A comparison between the United States and United Kingdom is particularly enlightening because both share …
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle
Law and Contemporary Problems
Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.