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Faultless Reasoning: Reconstructing The Foundations Of Civil Responsibility In Quebec Since Codification, David Howes

Dalhousie Law Journal

In The Civil Law System of the Province of Quebec, Jean-Gabriel Castel writes, To know the Quebec law of contract, it is sufficient to read the articles of the Civil Code dealing with this topic and the cases decided since its enactment. If in the common-law system it is absolutely necessary to know history to understand, for instance, the essential division between law and equity ... this is not the case in France or in Quebec. There, the civil law is logically organized, it is not the product of a historical evolution or of a long line of decided cases. …

Improving Access To Legal Education For Native People In Canada: Dalhousie Law School's I.B.M. Program In Context, Hugh Macaulay

Dalhousie Law Journal

This paper is about access to legal education for Native peoples in Canada. It is important at the very outset of this undertaking to explain my interest in this issue and to describe the perspective from which I write. At the beginning of the 1989-90 academic year I returned to Halifax to discover that Dalhousie had implemented a program to increase access for Blacks and Micmacs to legal education. Motivated by my support for this initiative, I applied to be a tutor in the program and was fortunate enough to be selected.

The Faculty Of Law, University Of British Columbia 1981-90, Joost Blom

Dalhousie Law Journal

It may be uninspiring to begin a sketch of the UBC Law Faculty since 1981 by talking about money, but the Faculty's financial circumstances during this period are the key to much of what follows. For about five years from 1982, the provincial government's fiscal watchword was "restraint", which so far as the universities were concerned meant, in the early years, actually cutting operating grants and, later on, keeping a fairly tight lid on them. UBC's budget fell in absolute terms for three successive years, and continued to slip in real terms for another year or two. The Law Faculty …

From Homer To Hegel: Ideas Of Law And Culture In The West, John Witte Jr.

Michigan Law Review

A Review of The Human Measure: Social Thought in the Western Legal Tradition by Donald R. Kelley

The Opinion Volume 31 Number 13 – April 16, 1991, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated April 16, 1991. Includes spoof outer wrap ("The Onion").

Santa Clara Magazine, Volume 33 Number 3, Spring 1991, Santa Clara University

Santa Clara Magazine

12 - ABORTION : NO SIMPLE ANSWERS Jesuit theologian Ted Mackin examines pro-life and pro-choice positions and reports that neither side is addressing the issue with total honesty. By Theodore J. Mackin, S.J.

16 - STAY AT HOME MOMS Alumnae discuss why they decided to devote all their time and attention to their families. By Michelle Burget Fletcher '78, Brigid Modena Benham '81, and Anne Penoyer King '69

20 - SCU's WINE FAMILIES Northern California's vineyards are fertile ground for Santa Clara graduates. By Rosina Wilson

28 - WORKING THE SUICIDE HOTLINE Within these walls, no secret is too terrible …

Indian Economic Development: An Evolving Concept Of Sovereignty, John C. Mohawk

Buffalo Law Review

No abstract provided.

Re-Imagining Childhood And Reconstructing The Legal Order: The Case For Abolishing The Juvenile Court, Janet E. Ainsworth

North Carolina Law Review

No abstract provided.

The Western Legal Tradition And The Internationalization Of Law, Alice Erh-Soon Tay

Connecticut Journal of International Law

The central contribution of the Western legal tradition to human civilization lies in its deliberate and sustained elevation of rational argument and discourse, of the intellectual resolution of problems and interpretation of rules, as the alternative to arbitrary power and monocratic regulation.

Law aims at coherence of form and of substance, of procedures and principles. Long before it comes anywhere near achieving that aim, it is disturbed by new problems, new demands, and new ways of seeing things that threaten old structures and principles while offering competing and conflicting suggestions for the new. Law puts stress on justice and continuity …

What Is Legal Theory And What Is It Doing In The Curriculum? A View From Contracts, Robert Birmingham

Connecticut Journal of International Law

'Everyone maximizes utility.' This claim needs interpretation, because it looks filled with content, but really is innocuous, a tautology, nothing to get upset about. It means merely that one's behavior invariably maximizes some function. As Samuelson's imperative, "[C]herchez la maximization, ' 2 suggests, often it is an interesting task and something of an art to recover the function from the behavior. I offer three examples of maximizing, eliminating purpose by degrees.

The Importance Of Philosophical Perspectives To The Judicial Process, C. G. Weeramantry

Connecticut Journal of International Law

The process of judging is the most solemn and difficult task to which a lawyer may be called. There is no doubt as to the integrity and dedication of generations of common law judges who have kept high the reputation of the judiciary, nobly discharging the solemn duty entrusted to them. In the words of Justice Holmes, ". . . in the judges' half of our common work, the will at least is not wanting to do every duty of their noble office; . . . every interest, every faculty, every energy, almost every waking hour is filled with their …

Vol. 14 No. 2 (1991): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

Contributors: Vol 14 No. 2, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 14 (1991): Pacific Studies Full Issue 2

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 6, No 1 Fall Edition of the Pacific Studies Journal

Harnessing The Power Of The Bet: Wagering With The Government As A Mechanism For Social And Individual Change, Bruce J. Winick

University of Miami Law Review

No abstract provided.

Vol. 14 No. 2 (1991): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …

The Breath Of Life In The Law, David E. Van Zandt

Cardozo Law Review

No abstract provided.

The Maps Of Sovereignty: A Meditation, Perry Dane

Cardozo Law Review

No abstract provided.

A Mirror Crack'd? The Rule Of Law In American History, Christopher L. Tomlins

William & Mary Law Review

No abstract provided.

Structure, Relationship, Ideology, Or, How Would We Know A "New Public Law" If We Saw It?, Peter M. Shane

Michigan Law Review

Academic writings and judicial opinions are the research materials most accessible to legal academics. It is thus unsurprising that, when asked to discuss "New Public Law," professors of administrative law, constitutional law, and legislation focus chiefly on emerging scholarship and judicial output. This tendency illustrates the general and quite understandable phenomenon that people, including law professors, do most whatever they can do most readily.

Nevertheless, however elegantly and provocatively we analyze each other's work and the labor of judges, discerning whether a new public law exists ought to involve a broader inquiry. In this essay I explore the complexity of …

Book Review, Bert B. Lockwood Jr.

Faculty Articles and Other Publications

The authors have made the advancements in the science of forensic anthropology achieved in these cases understandable to the lay audience and they have done so in a book that is difficult to put down once opened.

Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark

Publications

In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …

Core Freedoms In Nigerian And U.S. Constitutions: A Study In Difference, Gordon A. Christenson

Faculty Articles and Other Publications

This article compares core freedoms in the United States Constitution with similar constitutional experience encountered in the Nigerian Constitution. It is a study in difference, illuminated by learned papers and discussion of these issues by judges, lawyers, professors, journalists and activists in Nigeria. Moreover, to add a third dimension, differences and similarities in constitutional experiences are shown within the contemporary framework of international norms.

Bioethics: Health Case Law And Ethics, Robert Schwartz, Barry R. Furrow, Sandra H. Johnson, Timothy Stoltzfus Jost, Thomas L. Greaney

Faculty Book Display Case

This book provides a rich body of materials for courses in bioethics and law. Primary legal sources, including judicial opinions, statutes, regulations and institutional policies, will give students insight into the strategies used by courts, legislatures, agencies and health care providers in addressing bioethics issues. The book also draws from interdisciplinary research in medicine, ethics, and law to provide students diverse critiques of legal and public policy issues in bioethics. Materials in this text are tightly edited and designed to create high quality and focused classroom discussion, and, the text includes classroom tested problems that will engage students more deeply …

Alison Dundes Renteln, International Human Rights: Universalism Versus Relativism, R.K.L. Panjabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

"Liberalism's Dangerous Supplements": Medieval Ghosts Of International Law, Anthony Carty

Michigan Journal of International Law

A book review of From Apology to Utopia: The Structure of International Legal Argument by Martti Koskenniemi

Stonewalled By Seawall: New York Decision Impedes Legislative Solutions To Affordable Housing Shortage, Suzanne K. Sleep

University of Miami Law Review

No abstract provided.

Will An Increased Minimum Wage Help The Homeless?, Daryl Marc Shapiro

University of Miami Law Review

No abstract provided.

The World Bank's Environmental Assessment Policy, R.J.A. Goodland

UC Law SF International Law Review

Environmental assessment (EA) became mandatory in all World Bank-assisted projects in October 1989. The purpose of EA is to ensure that the development options under consideration are environmentally sound and sustainable, and that any environmental consequences are recognized early in the project cycle and taken into account in EA policy. This Article outlines the World Bank's EA policy and the most common type of EA, project-specific EAs. Annexed to this Article is a checklist of potential issues of an EA, a description of the categories of EA, a sample outline of a project-specific EA, and a source list of EA …

Incest And Intrafamilial Child Abuse: Fatal Attractions Or Forced And Dangerous Liaisons?, George P. Smith Ii

Scholarly Articles

No abstract provided.