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Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George Dec 1998

Public Rights In West Virginia Watercourses: A Unique Legacy Of Virginia Common Lands And The Jus Publicum Of The English Crown, Larry W. George

West Virginia Law Review

No abstract provided.


Waiting With Brother Thomas, Chris Sagers Dec 1998

Waiting With Brother Thomas, Chris Sagers

Law Faculty Articles and Essays

In this Essay, Christopher Sagers argues that those schools of thought that could be called "doubtful"—that is, those predicated on suspicion of belief to some degree—share a range of similarities and, more importantly, are attacked through a set of common criticisms. He argues that the fundamental criticism of these "doubtful" schools of thought—that doubt leads us to nihilism and therefore must be bad—is a non sequitur. Furthermore, he continues, we reject doubt not because it is bad, but because it is difficult. Ultimately, he suggests ways to face the problems of nihilism or, rather, ways of understanding them as other …


Neutrality Law In World War Ii, Detlev F. Vagts Dec 1998

Neutrality Law In World War Ii, Detlev F. Vagts

Cardozo Law Review

No abstract provided.


A Need For Uniformity: Survivorship Under 42 U.S.C. 1983, Michael Leboff Nov 1998

A Need For Uniformity: Survivorship Under 42 U.S.C. 1983, Michael Leboff

Loyola of Los Angeles Law Review

No abstract provided.


Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob Nov 1998

Public Schools' Pyrrhic Victories Over Parental Rights, Michael Farris, Bradley P. Jacob

Richmond Public Interest Law Review

This article explores the historical roots of parental rights in education, and then demonstrates that Professors Uerling and Strope are quite correct when they declare parental rights in public education to be "almost extinct." Next, it examines the stark contrasts between the rights of public school parents and those of parents who choose private and home schooling. Finally, this article suggests that since the constitutionality of educational choice, including choices involving religious schools, has been established beyond any legitimate question, public school advocates and courts should rethink their position concerning parental rights within public education lest they contribute to the …


Enacting A Health Information Confidentiality Law: Can Congress Beat The Deadline, Bartley L. Barefoot Nov 1998

Enacting A Health Information Confidentiality Law: Can Congress Beat The Deadline, Bartley L. Barefoot

North Carolina Law Review

No abstract provided.


Affirmative Action And Texas' Ten Percent Solution: Improving Diversity And Quality, David Orentlicher Oct 1998

Affirmative Action And Texas' Ten Percent Solution: Improving Diversity And Quality, David Orentlicher

Notre Dame Law Review

No abstract provided.


The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román Oct 1998

The Alien-Citizen Paradox And Other Consequences Of U.S. Colonialism, Ediberto Román

Florida State University Law Review

No abstract provided.


Endangered Species Act And Private Property: A Matter Of Timing And Location, J. B. Ruhl Oct 1998

Endangered Species Act And Private Property: A Matter Of Timing And Location, J. B. Ruhl

Cornell Journal of Law and Public Policy

No abstract provided.


Chaos Prevailing On Every Continent: Towards A New Theory Of Decentralized Decision-Making In Complex Systems, David G. Post, David R. Johnson Oct 1998

Chaos Prevailing On Every Continent: Towards A New Theory Of Decentralized Decision-Making In Complex Systems, David G. Post, David R. Johnson

Chicago-Kent Law Review

No abstract provided.


Should The Sec Regulate The Cyber Securities Market - A Response To Professor Frankel, Omri Yadlin Oct 1998

Should The Sec Regulate The Cyber Securities Market - A Response To Professor Frankel, Omri Yadlin

Chicago-Kent Law Review

No abstract provided.


Virtual Exit In The Global Information Economy, Dan L. Burk Oct 1998

Virtual Exit In The Global Information Economy, Dan L. Burk

Chicago-Kent Law Review

No abstract provided.


The Power Of Chaos, Roberta Katz Oct 1998

The Power Of Chaos, Roberta Katz

Chicago-Kent Law Review

No abstract provided.


Table Of Contents - Issue 4, Chicago-Kent Law Review Oct 1998

Table Of Contents - Issue 4, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.


The Empire Strikes Back, A. Michael Froomkin Oct 1998

The Empire Strikes Back, A. Michael Froomkin

Chicago-Kent Law Review

No abstract provided.


The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner Oct 1998

The Myth Of Private Ordering: Rediscovering Legal Realism In Cyberspace, Margaret Jane Radin, R. Polk Wagner

Chicago-Kent Law Review

No abstract provided.


Why Congress Should Grant Wilderness Status To The Coastal Plain Of The Arctic National Wildlife Refuge, Danny L. Eidson Oct 1998

Why Congress Should Grant Wilderness Status To The Coastal Plain Of The Arctic National Wildlife Refuge, Danny L. Eidson

Southeastern Environmental Law Journal

No abstract provided.


Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki Oct 1998

Neocolonialism, Anticommons Property, And Biopiracy In The (Not-So-Brave) New World Order Of International Intellectual Property Protection, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.


The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek Oct 1998

The Gender Wage Gap: Searching For Equality In A Global Economy, Lucy B. Bednarek

Indiana Journal of Global Legal Studies

No abstract provided.


Ocean Ecosystem Stewardship, W. M. Von Zharen Oct 1998

Ocean Ecosystem Stewardship, W. M. Von Zharen

William & Mary Environmental Law and Policy Review

No abstract provided.


The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen Oct 1998

The Quality Of Justice In Capital Cases: Illinois As A Case Study, Leigh B. Bienen

Law and Contemporary Problems

Bienen uses Illinois as a case study of injustice in capital cases. The quality of justice in the trial and appeal of capital cases in Illinois is of a very low standard.


The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl Oct 1998

The Endangered Species Act And Private Property: A Matter Of Timing And Location, J.B. Ruhl

Vanderbilt Law School Faculty Publications

For all the controversy surrounding the effect of the Endangered Species Act ("ESA") on private property, precious little information has accompanied the heated calls for strengthening or weakening the law's land use proscriptions. Preservationist groups and property rights groups alike depend on staking out higher moral ground and producing "poster child" stories of imperiled species or property owners. The Fish and Wildlife Service ("FWS"), which implements the ESA for most of the listed endangered and threatened species, has compiled reams of data on its administrative functions' in support of its recent efforts through administrative (in lieu of legislative) reform to …


The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus Oct 1998

The Role Of Intellectual Property Rights In Encouraging Foreign Direct Investment And Technology Transfer, Keith E. Maskus

Duke Journal of Comparative & International Law

No abstract provided.


The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm Oct 1998

The North American Agreement Of Labor Cooperation And Its Effects On Women Working In Mexican Maquiladoras , Nicole L. Grimm

American University Law Review

No abstract provided.


The Globalizing State, Alfred C. Aman Oct 1998

The Globalizing State, Alfred C. Aman

Vanderbilt Journal of Transnational Law

he primary purpose of this Article is to consider the relationship of globalization to domestic law, a topic that, for the most part, has been neglected by the legal literature to date. In so doing, this Article shall develop the concept of the globalizing state, a theory of the state based on states' new roles in furthering global competitiveness, as well as the transformative effects of these new roles on the state itself. This Article refers to globalization as an interpretive approach to issues no longer classifiable--or even understandable--in terms of classic dichotomies of domestic and global, public and private, …


Diplomatic Recognition Of States In Statu Nascendi: The Case Of Palestine, Sanford R. Silverberg Sep 1998

Diplomatic Recognition Of States In Statu Nascendi: The Case Of Palestine, Sanford R. Silverberg

Tulsa Journal of Comparative and International Law

No abstract provided.


The Supreme Court As An Enforcement Agency, Harold J. Krent Sep 1998

The Supreme Court As An Enforcement Agency, Harold J. Krent

Washington and Lee Law Review

No abstract provided.


Salt Equalizer, Vol. 1998, Issue 2, Society Of American Law Teachers Aug 1998

Salt Equalizer, Vol. 1998, Issue 2, Society Of American Law Teachers

SALT Equalizer

Contents of this issue:

Phoebe A. Haddon & Stephanie M. Wildman, Presidents' Column, at 1.

Christopher Gobert, Environmental Law Clinic Makes a Difference... And a Host of Enemies, at 1.

Andy Simons, Cover Retreat Inspires Commitment to Public Interest, at 2.

Joyce Saltalamachia, SALT Board Meets on Miami Beach, at 2.

Jane Dolkart, SALT Teaching Conference: Promises to be Exciting, Provocative and Unprecedented!, at 5.

SALT Teaching Conference, at 6.

Sylva Law & Eric Yamamoto, Nominees Sought for SALT Board, at 11.


"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman Jul 1998

"The Best Laid Schemes . . . ": Land-Use Planning And Historic Preservation In Cambodia, William Chapman

Washington International Law Journal

This Article examines existing land use laws and proposed historic preservation-related legislation in Cambodia and offers a critical appraisal of their applicability and hopes for success. Cambodia is a small country that faces (and has faced) numerous political and economic difficulties. It possesses a rich architectural and archaeological heritage that is threatened by proposed land-use changes and future development. Initiated primarily by outsiders, principally planners and archaeologists from Europe and the United States, Cambodia's newly formulated land-use laws attempt to take irreplaceable cultural resources into account. However, plans such as those proposed by UNESCO and consultants to the government appear …


Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan Jul 1998

Infrastructure Services And Financing In Chinese Cities, Kam Wing Chan

Washington International Law Journal

As urbanization accelerates and cities expand their role in the Chinese economy, expensive urban infrastructural facilities and financing have become major policy issues. Drawing on fieldwork in five cities in 1994 as well as national statistics, this Article analyzes the provision of urban infrastructure services and financing. As marketization proceeds, an overhaul of the urban public finance system, along with a redefinition of the role of local government in China, is urgently required.