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

Faculty Articles

Although the institution of the juvenile court developed rather recently in our legal system, it is now quite firmly established: every American state and nearly every industrialized nation has a juvenile court system in place. The juvenile court is not without its critics, however. In this Article, Professor Janet Ainsworth recommends its complete abolition. Professor Ainsworth contends that society's current view of the nature of adolescence no longer comports with the turn-of-the century view that originally informed the development of an autonomous juvenile court, thus undermining the ideological legitimacy of a separate court system for juveniles. In addition, Professor Ainsworth …

International Art Theft Disputes: Harmonizing Common Law Principles With Article 7(B) Of The Unesco Convention, Maritza F. Bolaño

Fordham International Law Journal

This Note argues that U.S. courts should adopt a uniform approach in assessing litigants' conduct to adjudicate art theft disputes. Part I discusses the history of the UNESCO Convention and the Convention on Cultural Property Implementation Act (the "CPIA" or "Implementation Act") and sets forth article 7(b) of the Convention which bans the import of stolen cultural property. Part II highlights the uncertainty in U.S. state and federal courts' application of common law principles to controversies concerning title to stolen art. Part III advocates the application of uniform standards in the adjudication of art theft disputes and the reconciliation of …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1990-91), J. Rodney Johnson

Law Faculty Publications

The 1991 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia ("Code"). In addition to this legislation, there were six cases from the Supreme Court of Virginia and one from the Virginia Court of Appeals, in the year ending June 1, 1991, which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

A Family Like Any Other Family: Alternative Methods Of Defining Family In Law, Kris Franklin

Articles & Chapters

No abstract provided.

Lost On A One-Way Street: The Taxpayer's Ability To Disavow Form, William S. Blatt

Articles

No abstract provided.

American Indians And The Right To Privacy: A Psycholegal Investigation Of The Unauthorized Publication Of Portraits Of American Indians, J. Wm. Moreland Esq.

American Indian Law Review

No abstract provided.

The Imaginary Connection Between The Great Law Of Peace And The United States Constitution: A Reply To Professor Schaaf, Erik H. Jensen

American Indian Law Review

No abstract provided.

From Cherokee Nation V. Georgia To The National Museum Of The American Indian: Images Of Indian Culture, W. Richard West Jr.

American Indian Law Review

No abstract provided.

Volume 15 1990-1991

American Indian Law Review

No abstract provided.

The Iroquois Great Law Of Peace And The United States Constitution: How The Founding Fathers Ignored The Clan Mothers, Renée Jacobs

American Indian Law Review

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Vol. 14 No. 1 (1990): 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 …

Disputes Regarding The Possession Of Native American Religious And Cultural Objects And Human Remains: A Discussion Of The Applicable Law And Proposed Legislation, Thomas H. Boyd

Missouri Law Review

No abstract provided.

Contributors: Vol 14 No. 1, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Contributors list of Vol. 14 (1990): Pacific Studies Full Issue 1

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

Pacific Studies

Book Listing for the Vol 14, No 1 Edition of the Pacific Studies Journal

Vol. 14 No. 1 (1990): 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 Micronesian Executive: The Federated States Of Micronesia, Kiribati, And The Marshall Islands, Norman Meller

Pacific Studies

No abstract provided.

Afterword: Voices And Violence--A Dialogue, Ellen W. Clayton, Jay Clayton

Vanderbilt Law Review

WE: When organizing this Symposium on the topic of "Law, Literature,and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about social change. The authors gathered at this Symposium responded to this question in very different ways. As we read their articles and comments, however, and as we talked about their various approaches, some common themes began to emerge. Narrative seemed important. The way people split public life off from private experience came up frequently. But violence seemed to be on everyone's mind.

IT: Why violence? …

Afterword: Voices And Violence-- A Dialogue, Ellen Wright Clayton, Jay Alexander Clayton

Vanderbilt Law School Faculty Publications

When organizing this Symposium on the topic of "Law, Literature, and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about social change. The authors gathered at this Symposium responded to this question in very different ways. As we read their articles and comments, however, and as we talked about their various approaches, some common themes began to emerge. Narrative seemed important. The way people split public life off from private experience came up frequently. But violence seemed to be on everyone's mind.

Vol. 40, No. 17, October 17, 1990, University Of Michigan Law School

Res Gestae

•MacKinnon Speaks to Law School •Survey Suggests Most 3L's Have Job Offers •Room 100 'Disappears' •Put Your Books Back on the Shelves! •Students Should Stand Together •A Partial Defense of the Military •Legal Discussions Need Human Touch •Visiting Professor Speaks Out on the Role of International Institutions •Winter Semester, 1990 Grading •Ref's Deserve a Break- From the Big Games •Law in the Raw

Secular Humanism And Education, Martha M. Mccarthy

The Journal of Law and Education

No abstract provided.

Mélanges. Louis-Philippe Pigeon, Marcel Joyal

Dalhousie Law Journal

This is a collection of legal articles put together at the Faculty of Law, Civil Law Section, of the University of Ottawa under the direction of Professor Ernest Caparros.

Lawyers And The Nuclear Debate, Malcolm Shaw

Dalhousie Law Journal

The volume under review constitutes a valuable and exciting contribution to the whole nuclear debate. Its distinctiveness, perhaps, lies in the format. A mix of more formal and prepared papers, less formal papers, interventions and discussions provides an interesting example of the genre. While one is clearly not dealing with an academic treatise, the style of the compilation enhances the feeling of acute concern, spontaneity and the sense of the contemporary significance of the whole enterprise.

Ties That Bind?: The Supreme Court Of Canada, American Jurisprudence, And The Revision Of Canadian Criminal Law Under The Charter, Robert Harvie, Hamar Foster

Osgoode Hall Law Journal

Chief Justice Dickson has suggested that Canadian jurists should consult American authority in Charter cases, but with care. The authors look at how the Court has followed this advice in its own criminal decisions rendered prior to March 1989, in which American authority is cited in less than 50 percent of the cases. The authors conclude that, in some significant areas, the Court has interpreted the interests of the accused more broadly than the American Supreme Court does and has on occasion done so without citing divergent U.S. precedent. The effect of sections 1 and 24(2) of the Charter on …

Sanctions And Rewards In The Legal System: A Multidisciplinary Approach, A Wr Carrothers

Dalhousie Law Journal

This book consists of ten essays on the general theme of effective techniques for controlling and regulating social behaviour. The authors draw on the disciplines of management studies, history and criminology, public policy studies and economics, psychology, anthropology, law, sociology, and political science. They are, collectively, a modern manifestation of Roscoe Pound's concept of law in action as "social engineering".

Rule Of Law In A State Of Emergency, John P. Humphrey

Dalhousie Law Journal

Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.

Local Elections In Canada, A Wr Carrothers

Dalhousie Law Journal

This book is the fifth in a series by the same author, and the same publisher, on Canadian Election Law. The previous books (with their sub-titles) are as follows: Political Rights (The Legal Framework of Elections in Canada); Lawmaking by the People (Referendums and Plebiscites in Canada); Money and Message (The Law Governing Election Financing, Advertising, Broadcasting and Campaigning in Canada); and, Election Law in Canada (The Law and Procedure of Federal, Provincial and Territorial Elections (two volumes)). The present book is sub-titled "The Law Governing Elections of Municipal Councils, School Boards and Other Local Authorities". The sub-title is a …

Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley

Dalhousie Law Journal

The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …

Treaty Interpretation: Theory And Reality, Paul Gormley

Dalhousie Law Journal

The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …

Vol. 40, No. 12, September 12, 1990, University Of Michigan Law School

Res Gestae

•Administration Sponsors Workshop on Diversity and Sensitivity for Student Groups •LSSS Sets Election Date •It is Time to Begin the Hard Work of Diversity •We Need a Firm Commitment to Employment Opportunities •MSA up to Same Old Tricks •The Art of the Pass •Workshop Leader Approaches Difficult Subjects with Sensitivity •Winter Semester, 1990 Grading •Chip's Picks •Guelcher's Miscellany •The Irish at #1... Until Saturday •Law in the Raw