Digital Commons Network^™

The Antiwilderness Bias In American Property Law, John G. Sprankling

McGeorge School of Law Scholarly Articles

No abstract provided.

A Sober Second Look At Appellations Of Origin: How The United States Will Crash France's Wine And Cheese Party, Jim Chen

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

Toward A Rational Harvest: The United Nations Agreement On Straddling Fish Stocks And Highly Migratory Species, Mark Christopherson

Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)

No abstract provided.

The Local Government Boundary Problem In Metropolitan Areas, Richard Briffault

Faculty Scholarship

Local government boundaries play an important role in the governance of metropolitan areas by defining local electorates and tax bases and the scope of local regulatory powers and service responsibilities. Yet, the close association of local powers with local boundaries generates spillovers, fiscal disparities, and interlocal conflicts. Real local autonomy is constrained but the local government system fails to provide a means for addressing regional problems. Public choice theorists and political decentralizationists oppose regional governments because of the threat to local autonomy that would result from removing powers from local hands. Richard Briffault's solution to the metropolitan governance problem is …

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

State Constitutionalism And The Problems Of Fairness, Paul W. Kahn

Valparaiso University Law Review

No abstract provided.

Accepting An Exception To The "Government Contacts Exception" Of The District Of Columbia's Long-Arm Statute, Chad A. Schiefelbein

Valparaiso University Law Review

No abstract provided.

Landlord Liability In West Virginia For Criminal Acts On The Premises, Jennifer S. Fahey

West Virginia Law Review

No abstract provided.

The Judicial System & Equality In Schooling, Frank J. Macciarola, Dorothy Kerzner Lipsky, Alan Gartner

Fordham Urban Law Journal

This Article examines how the concept of equality has played out in the efforts of the courts to define student rights in several important areas. These include school prayer and flag salutation, racial discrimination and cases concerning students with learning disabilities. The Article examines how differences in these areas are first conceptualized and then addressed by the courts. This Article discusses good school practices and addresses the educational methods which have been proven to be effective. The common thread in effective educational doctrine is that programs which integrate and include students are often the most effective education method on many …

The Community Reinvestment Act: New Standards Provide New Hope, E. L. Baldinucci

Fordham Urban Law Journal

This Comment chronicles the Community Reinvestment Act from its adoption to its present status, including its revision under the Financial Institutions Reform Recovery and Enforcement Act of 1989 (FIRREA). It reviews the major criticisms of the CRA's supporters and detractors. It introduces the recent regulations issued by the regulatory agencies responsible for enforcing the CRA and the Congressional response to those regulations. It concludes that the CRA can be a more effective legislative response to the lack of banking services in poorer inner city communities if the recent agencies' regulations are allowed to take effect and if careful steps are …

An Egalitarian's Market: The Economics Of Inclusionary Zoning Reclaimed, Andrew G. Dietderich

Fordham Urban Law Journal

This article discusses the economic effects of residential zoning, and how zoning might be used to create more affordable housing for the poor in America. The author explains the three legal regimes of inclusionary zoning, namely, voluntary inclusion programs, mandatory set-asides with density bonuses, and mandatory set-asides without density bonuses. While he offers no advice on how to implement any of the three regimes, he notes that the choice between the pure buyer's remedy and an inclusionary program with set asides depends on the buying power of the target population. Based on the economic situation of that target population, a …

Libertarianism, Natural Rights And The Constitution: A Commentary On Recent Libertarian Literature, David Bergland

Cleveland State Law Review

This commentary takes a look at recent Libertarian literature, specifically: Harry Browne's Why Government Doesn't Work, Charles Murray's What It Means To Be a Libertarian, and David Boaz' Libertarianism: A Primer. These books critique federal government programs and specific policy proposals, and in the process they raise several questions that are fundamental to the American experiment with human liberty within the constitutional framework bequeathed to us by Jefferson, Madison, Hamilton, the other founders, and the People who ratified the Constitution. Section II seeks to figure out how to describe Libertarians. Section III discusses the fallacy of legislative omnipotence, including the …

Reverse Racism: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang

UC Law Constitutional Quarterly

In this Essay, Professor Chang explores the interaction of race and family in the affirmative action debate. Although discrimination against women remains rampant in our society, and despite the fact that white women have been the primary beneficiaries of affirmative action, white women are being told that affirmative action hurts them because it hurts their husbands, brothers, and sons. Familial loyalty is being invoked to do the work of an explicit call for white racial solidarity. This strategy may be successful because as late as 1987, even with the increasing rate of interracial marriage, 99% of white Americans were married …

The Challenge Of The Dramatic, Samuel H. Pillsbury

Loyola of Los Angeles Law Review

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Sanctuary, Redlight Districts, And Washington, D.C.: Some Observations On Neuman's Anomalous Zones (Symposium: Surveying Law And Borders), William I. Miller

Articles

The claim is often made that boundaries obviate disputes if they are clear. But boundaries are inseparable from disputes; they seem to invite them as much as obviate them. Note how natural the collocations "disputed boundary" and "boundary dispute" are. The conventional view that one hears a lot in law schools is that once a bright line is drawn then a boundary is "settled." But that supposes that a clear boundary need not be defended or continually justified or that internal changes in the entity it circumscribes and in some ways defines do not affect the integrity of the boundary. …

End Of The Line: An Empirical Study Of Judicial Waiver, The , Marcy Rasmussen Podkopacz, Barry C. Feld

Journal of Criminal Law and Criminology

No abstract provided.

The Future Of American Real Estate Law: Uniform Forclosure Laws And Uniform Land Security Interest Act, Patrick A. Randolph

Nova Law Review

No abstract provided.

Categories And Culture: On The 'Rectification Of Names' In Comparative Law, Janet Ainsworth

Faculty Articles

This article proposes a thorough ‘rectification of names’ take place in comparative legal studies, with a specific focus on Chinese law. Pioneering Chinese comparative law scholars focused on describing the Chinese legal system using Western legal terminology. The job of the second-generation of legal scholars, however, is to interpret both the primary source material and prior interpretations. There are many pitfalls entailed with studying non-Western law, foremost is the danger of one’s conceptual paradigms influencing an interpretation. Any culture’s legal order is uniquely tuned to a cultural context, and Chinese culture represents a social order with sufficient coherence for scholars …

Same-Sex Harassment - The Next Step Up In The Evolution Of Sexual Harassment Law Under Title Vii Comment., Regina L. Stone-Harris

St. Mary's Law Journal

Women sexually harassed by male co-workers are protected by Title VII of the Civil Rights Act. Yet, men are not protected because the federal courts in the Fifth Circuit do not protect men who are sexually harassed by other men. Male victims of sexual harassment are protected if they live in another district which does offer Title VII protection to same-sex victims. But should geography dictate protection? The federal courts are currently split as to whether a claim of sexual harassment between members of the same gender is actionable under Title VII of the Civil Rights Act. In the absence …

Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

Family Values, Race, Feminism And Public Policy, Twila L. Perry

Santa Clara Law Review

No abstract provided.

"Weightier Than A Mountain": Duty, Hierarchy, And The Consumer In Japan, Anita Bernstein, Paul Fleming

Faculty Scholarship

No abstract provided.

Children's Medical Care In California: Conflicts Between Parent, Child, And State, Felicia C. Strankman

Santa Clara Law Review

No abstract provided.

Third World Texas: Nafta, State Law, And Environmental Problems Facing Texas Colonias Symposium - The Environment And The United States-Mexico Border - Comment., David L. Hanna

St. Mary's Law Journal

The horrendous conditions along the Texas-Mexico border stem from factors on both sides of the Rio Grande River, including maquiladoras, migrant farms, poverty, poor land development, and bureaucracy. The adverse living conditions in Texas’s third world border region have resulted in immense health and safety problems. The United States government promised the North American Free Trade Agreement (NAFTA) would bring new environmental prosperity to the border region. Yet, aside from one sentence in the preamble, NAFTA does not directly address environmental protection. The United States and Mexico, as part of a series of environmental side agreements, created the Border Environmental …

Globalization Of The Equity Markets, Richard A. Grasso

Fordham International Law Journal

Put simply, the Exchange must position itself for a turn-of-the-millennium environment shaped, in part, by three powerful forces. First, we are as impacted as any other institution by the current changes in the economics and engineering of telecommunications and computational capacity. Second, enterprises in the more free-market industrial democracies, as well as those in more state-oriented countries, are turning to the use of equity finance at a pace that is unmatched in history. Third, two of our most important constituent groups, the fifty-one million U.S. retail investors and the ten thousand U.S. institutions with significant equity exposure, are going through …

Nonlegal Research, Peggy Roebuck Jarrett, Mary Whisner

Librarians' Chapters in Books

• Introduction
• Finding People, Organizations, Etc.
• Finding Factual Information
• Writing

Washington Practice Materials, Nancy Mcmurrer

Librarians' Chapters in Books

• Introduction
• Encyclopedic Sources
• Deskbooks, Manuals, Treatises, and Self-Help Sources
• Continuing Legal Education Materials and CLEDEX
• Litigation Aids
• Ethics Opinions
• Directories
• Current Awareness

The International Trial Of The Century? A Cross-Fire" Exchange On The First Case Before The Yugoslavia War Crimes Tribunal, Michael P. Scharf, Valerie Epps

Faculty Publications

This Article is an expanded version of a presentation delivered at the Conference of International Law Journals on March 29, 1996, in Washington, D.C.

Pandora's (E-Mail) Box: E-Mail Monitoring In The Workplace, John Araneo

Hofstra Labor & Employment Law Journal

No abstract provided.