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Law

1998

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Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield Dec 1998

Book Review: Protection Of Global Biodiversity: Converging Strategies, By Lakshman D. Guruswamy And Jeffrey Mcneely (Eds.), Marla Mansfield

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss Dec 1998

Review Of Jesse Dukeminier And James E. Krier, Property (4th Edition 1998), Andrew P. Morriss

Faculty Scholarship

Professors Dukeminier and Krier's property casebook is reputed to be the market leader in Property casebooks; I have heard estimates that it has as much as a fifty percent market share. This position is well-deserved-the casebook is thorough, comprehensive, well-written, error free, and, a significant feature for new teachers, has the best teacher's manual I have encountered for any casebook in any subject. IBM once sold computers because "No one ever got fired for choosing IBM." An analogous claim can be made for this casebook-no one ever provoked significant faculty or student unrest by choosing Dukeminier and Krier.

In this …


Issue 51 - December 15, 1998, Benjamin N. Cardozo School Of Law Dec 1998

Issue 51 - December 15, 1998, Benjamin N. Cardozo School Of Law

Post-Soviet Media Law & Policy Newsletter

Inside:

Signs of the Times

Russia

Crisis of ORT, page 1

News from the Duma, page 5

Communists Call for Control of Media, page 7

Election News, page 12

News on VGTRK, page 13

Other Media News, page 17

Azerbaijan, page 20

Belarus, page 22

Estonia, page 22

Moldova, page 22

Ukraine, page 23

Albania, page 24

Bulgaria, page 25

Hungary, page 25

Poland, page 26

Slovakia, page 27

Yugoslavia and Former Yugoslavia:

Bosnia-Herzegovina, page 29

Macedonia, page 33

Montenegro, page 33

Serbia, page 34

Slovenia, page 36

Law of Kyrgyz Republic on Mass Media, page 37

Queries and …


The Internet And Political Campaigns: Some Early Considerations, Ibpp Editor Dec 1998

The Internet And Political Campaigns: Some Early Considerations, Ibpp Editor

International Bulletin of Political Psychology

This article provides hypotheses on the effects of the Internet on political campaigns. The IBPP staff hopes that researchers among its readers will attempt to evaluate these hypotheses through combinations of empiricism, rationalism, and other epistemological approaches.


Selected Recent Federal Income Tax Developments, Ira B. Shepard Dec 1998

Selected Recent Federal Income Tax Developments, Ira B. Shepard

William & Mary Annual Tax Conference

No abstract provided.


The New Melting Pot: As American Attitudes Toward Foreigners Continue To Decline, Athletes Are Welcomed With Open Arms., Thomas R. Dominczyk Dec 1998

The New Melting Pot: As American Attitudes Toward Foreigners Continue To Decline, Athletes Are Welcomed With Open Arms., Thomas R. Dominczyk

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Dec 1998

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …


Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein Dec 1998

Democratic Formalism, A Matter Of Interpretation, Cass R. Sunstein

Articles

No abstract provided.


2001: A Space Legislation Odyssey - A Proposed Model For Reforming The Intergovernmental Satellite Organizations , Henry Wong Dec 1998

2001: A Space Legislation Odyssey - A Proposed Model For Reforming The Intergovernmental Satellite Organizations , Henry Wong

American University Law Review

No abstract provided.


Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters Dec 1998

Ravin Revisited: Do Alaskans Still Have A Constitutional Right To Possess Marijuana In The Privacy Of Their Homes?, Andrew S. Winters

Alaska Law Review

No abstract provided.


Salt Equalizer, Vol. 1998, Issue 3, Society Of American Law Teachers Dec 1998

Salt Equalizer, Vol. 1998, Issue 3, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Theresa Glennon & Paula C. Johnson, SALT Honors Tony Amsterdam, Jesse Stone at the Annual Awards Dinner, at 1.

Phoebe A. Haddon & Stephanie M. Wildman, Presidents' Column, at 2.

Paula C. Johnson, SALT Launches Multi-Media Resource Guide, at 4.

Joyce Saltalamachia, SALT Board Meets in Los Angeles, at 6.

SALT Teaching Conference a Huge Success!, at 7.

SALT Events at the Annual AALS Meeting: New Orleans, at 12.

Howard A. Glickstein, SALT Salary Survey, at 18.

Susan Milner, Encountering Marc Feldman, at 18.

Marjorie Cohn, "Guild Practitioner" …


Physician-Assisted Suicide: State Legislation Teetering At The Pinnacle Of A Slippery Slope, Eunice Park Dec 1998

Physician-Assisted Suicide: State Legislation Teetering At The Pinnacle Of A Slippery Slope, Eunice Park

William & Mary Bill of Rights Journal

Physician-assisted suicide has become the subject of a hotly contested legal and political debate, both in the United States and abroad. In 1997, the United States Supreme Court rendered two decisions concerning physician-assisted suicide, and two states recently enacted legislation on this issue: Oregon in 1997 and Virginia in 1998. Nevertheless, the legality of physician-assisted suicide remains unclear as doctors, pharmacists, legal commentators, and a growing segment of the general population continue to argue over the line between "letting die" and "killing." This Note analyzes both the constitutional and political aspects of the right-to-die debate, focusing primarily on the political …


Constitutional Law - Equal Protection - School District Policy That Restricts Participation In Extracurricular Activities To Public School Students Does Not Violate A Private School Student's Equal Protection Rights - Kaptein V. Conrad School District, 931 P.2d 1311 (Mont. 1997)., Johnathan Pucci Diggin Dec 1998

Constitutional Law - Equal Protection - School District Policy That Restricts Participation In Extracurricular Activities To Public School Students Does Not Violate A Private School Student's Equal Protection Rights - Kaptein V. Conrad School District, 931 P.2d 1311 (Mont. 1997)., Johnathan Pucci Diggin

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


The Justices Of Strategy, Frank B. Cross Dec 1998

The Justices Of Strategy, Frank B. Cross

Duke Law Journal

No abstract provided.


The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman Dec 1998

The Threat Of Long-Arm Jurisdiction To Electronic Commerce, Robert J. Aalberts, Anthony M. Townsend, Michael E. Whitman

Faculty Articles

Unfortunately for those whose businesses rely on the Internet, an increasing amount of legal conflict is also arising in reaction to this new business medium. As attorneys and the courts attempt to sort out the Internet’s legal status quo, both are considering such pressing substantive issues as electronic contracts, privacy, trademark, copyright, defamation, computer crimes, censorship, and taxation. It is imperative that information system professionals become aware of how evolving Internet law will affect the medium they are charged with administrating. An informed IS community is also much more capable of mounting legal and political challenges to law that might …


The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary Dec 1998

The Digital Millennium Copyright Act Of 1998: U.S. Copyright Office Summary

Copyright, Fair Use, Scholarly Communication, etc.

The Digital Millennium Copyright Act (DMCA)1 was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues.

The DMCA is divided into five titles:

Title I, the “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

Title II, the “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain …


Completing The Revolution: Title Ix As Catalyst For An Alternative Model Of College Sports, Brian L. Porto Dec 1998

Completing The Revolution: Title Ix As Catalyst For An Alternative Model Of College Sports, Brian L. Porto

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Disabled Athletes: A Last Vestige Of Court Tolerated Discrimination?, Eldon L. Ham Dec 1998

Disabled Athletes: A Last Vestige Of Court Tolerated Discrimination?, Eldon L. Ham

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.


Preserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky Dec 1998

Preserving An Independent Judiciary: The Need For Contribution And Expenditure Limits In Judicial Elections, Erwin Chemerinsky

Chicago-Kent Law Review

No abstract provided.


The Chancellor's Ghost, G. Edward White Dec 1998

The Chancellor's Ghost, G. Edward White

Chicago-Kent Law Review

No abstract provided.


Psychological Impact Of Scrutiny On Contingent Fee Attorney Effort, Robert E. Thomas Dec 1998

Psychological Impact Of Scrutiny On Contingent Fee Attorney Effort, Robert E. Thomas

West Virginia Law Review

No abstract provided.


Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd Dec 1998

Remarks By U.S. Senator Robert C. Byrd The Constitution In Peril, Robert C. Byrd

West Virginia Law Review

No abstract provided.


Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend Dec 1998

Less Reliable Preliminary Hearings And Plea Bargains In Criminal Cases In California: Discovery Before And After Proposition 115 , Laura Berend

American University Law Review

No abstract provided.


Law And Policy In The Amendment Of Arms Control Agreements, Burrus M. Carnahan, Katherine L. Starr Dec 1998

Law And Policy In The Amendment Of Arms Control Agreements, Burrus M. Carnahan, Katherine L. Starr

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


How To Research International Treaties And Agreements, Edward Grosek Dec 1998

How To Research International Treaties And Agreements, Edward Grosek

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Law And The Creative Mind, Susanna L. Blumenthal Dec 1998

Law And The Creative Mind, Susanna L. Blumenthal

Chicago-Kent Law Review

No abstract provided.


Holmes And The Romantic Mind, Anne C. Dailey Dec 1998

Holmes And The Romantic Mind, Anne C. Dailey

Duke Law Journal

Oliver Wendell Holmes, Jr. is perhaps best known for his "tough-minded" jurisprudence based on objective standards of reasonableness. Scholars have traditionally understood Holmes's jurisprudential outlook as fundamentally behavioristic. Professor Dailey challenges that understanding, revealing the importance of Romantic psychology in Holmes's major writings. His outlook, she argues, was shaped by his belief in unconscious motivations, imagination, irrationality and instinctual drives. Rather than simply characterize Holmes as a "Romantic," Professor Dailey draws out the conflict in his thought, illuminating his struggle to develop an empirical approach to law that could also account for the depth and complexity of human nature.


Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …


The Cultural War Over Nea Funding: Illogical Statutory Deconstruction Erodes Expressive Freedom, Gary D. Allison Dec 1998

The Cultural War Over Nea Funding: Illogical Statutory Deconstruction Erodes Expressive Freedom, Gary D. Allison

Tulsa Law Review

No abstract provided.


In Vitro Fertilization And The Right To Procreate: The Right To No , William A. Sieck Dec 1998

In Vitro Fertilization And The Right To Procreate: The Right To No , William A. Sieck

University of Pennsylvania Law Review

No abstract provided.