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Water Resource Management And Environmental Policy Reform In New Zealand: Regionalism, Allocation, Indigenous Relations [Part Ii], Lloyd Burton, Chris Cocklin Jan 1996

Water Resource Management And Environmental Policy Reform In New Zealand: Regionalism, Allocation, Indigenous Relations [Part Ii], Lloyd Burton, Chris Cocklin

Colorado Environmental Law Journal

No abstract provided.


To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan Jan 1996

To Act Or Not? That Is The Question: Self-Incrimination And The Sole Proprietor, Raymond G. Keenan

Touro Law Review

No abstract provided.


Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias Jan 1996

Science, Sovereignty, And The Sacred Text: Paleontological Resources And Native American Rights, Allison M. Dussias

Maryland Law Review

No abstract provided.


Esa Gives A Hoot About The Owl: Forest Conservation Council V. Rosboro Lumber Co., Maryjo Wlazlo Jan 1996

Esa Gives A Hoot About The Owl: Forest Conservation Council V. Rosboro Lumber Co., Maryjo Wlazlo

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The O.J. Simpson Verdict: A Lesson In Black And White, Christo Lassiter Jan 1996

The O.J. Simpson Verdict: A Lesson In Black And White, Christo Lassiter

Michigan Journal of Race and Law

This article is an attempt to analyze the O.J. Simpson verdict and the press coverage of it, to suggest ways not only of improving criminal justice in a diverse community, but also of improving press coverage of criminal justice in a diverse community. Part Two of this essay is subdivided into two sections. The first section surveys the op-ed pages of major newspapers to evaluate the analysis of, and the commentary on, the O.J. Simpson verdict. The second section deconstructs the press' spin on the verdict. Part Three of this article discusses the role of a jury and proof beyond …


Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers Jan 1996

Long Island Sound: A Bibliography Of Legal And Related Materials, Ann Powers

Elisabeth Haub School of Law Faculty Publications

This bibliography is a contribution toward restoring and preserving Long Island Sound.


Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum Jan 1996

Geographically Sexual?: Advancing Lesbian And Gay Interests Through Proportional Representation, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Part I of this Article explores lesbian and gay interests and representational characteristics. Part II highlights the inadequacies of a single-member districting system in representing the interests of lesbian and gay communities. It concludes with an examination of the New York City Council's 1991 redistricting, where the mobilization of strong lesbian and gay communities in a receptive environment nonetheless failed to lead to effective representation of lesbian and gay interests in the City Council. Part III describes proportional representation systems and reveals how such systems would better serve lesbian and gay communities. Part IV acknowledges the political and legal obstacles …


Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto Jan 1996

Review Of "Wild Ideas" By David Rothenberg, David N. Cassuto

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


The Limits Of Borders: A Moderate Proposal For Immigration Reform, Frank H. Wu Jan 1996

The Limits Of Borders: A Moderate Proposal For Immigration Reform, Frank H. Wu

Faculty Scholarship

No abstract provided.


Youth Violence In Boston: Gun Markets, Serious Youth Offenders, And A Use-Reduction Strategy, David M. Kennedy, Anne M. Diehl, Anthony A. Braga Jan 1996

Youth Violence In Boston: Gun Markets, Serious Youth Offenders, And A Use-Reduction Strategy, David M. Kennedy, Anne M. Diehl, Anthony A. Braga

Law and Contemporary Problems

No abstract provided.


Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson Jan 1996

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …


Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene Jan 1996

Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene

University of Richmond Law Review

Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …


The Precarious Balance: Moral Rights, Parody, And Fair Use, Geri J. Yonover Jan 1996

The Precarious Balance: Moral Rights, Parody, And Fair Use, Geri J. Yonover

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Law, Legal Institutions, And The Legal Profession In The New Economy, Harry W. Arthurs, Robert Kreklewich Jan 1996

Law, Legal Institutions, And The Legal Profession In The New Economy, Harry W. Arthurs, Robert Kreklewich

Osgoode Hall Law Journal

The diverse, dynamic, and inchoate developments we call the new economy are a catalyst for responsive and reflexive changes in the production of law, legal institutions, and the legal profession in Canada and elsewhere. This article examines these changes alongside ongoing themes of the privatization of legal production, hybridization, and juridification. The resulting transformation of legal production has reshaped the role of law experts and aggravated existing tendencies of stratification, concentration, diversification, and marginalization within the legal profession itself.


Foreword: Nonfinancial Barriers To Health Care, Thomas Wm. Mayo Jan 1996

Foreword: Nonfinancial Barriers To Health Care, Thomas Wm. Mayo

Faculty Journal Articles and Book Chapters

Health care policy traditionally has been seen as a three-legged stool. Three interdependent variables-cost, quality, and access-have largely defined the domain of health policy. Ignore one of the variables, and the stool topples. It is not surprising, therefore, that health care policymakers have tended to view the problem of access to health care resources primarily in economic terms. Economic analysis of the access problem is useful because it gives policymakers a common methodology, vocabulary, and set of analytical tools that provide insights into the related problems of cost containment and quality, as well as the access issue. This in turn …


Social Justice And Liberation, Robert E. Rodes Jan 1996

Social Justice And Liberation, Robert E. Rodes

Journal Articles

Justice is the virtue we practice by giving people what is due them. Therefore, there is a problem of assignability when we consider an unjust social order: What is due from an individual beneficiary of that order to an individual victim? That question is answered by the concept of social justice: What all of us individually owe to each individual victim of the institutions now in place is our best efforts to reform those institutions. The first half of this paper analyzes the traditional arguments for and the conservative arguments against social justice as the answer to this problem of …


Reverse Racism!: Affirmative Action, The Family, And The Dream That Is America, Robert S. Chang Jan 1996

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

Faculty Articles

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 …


On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth Jan 1996

On Seeing Chinese Law From A Chinese Point Of View: An Appreciative Look At The Scholarly Career Of Professor William Jones, Janet Ainsworth

Faculty Articles

In this appreciative review, Professor William Jones's work is used to demonstrate that sensitivity to issues of methodology are indispensable for comparative law scholars. Professor Jones's work is valuable because (1) it is marked both by an awareness of the methodological difficulties faced by the comparativist and a confidence that it is nonetheless possible to transcend these difficulties and (2) it makes a meaningful contribution to the development of an understanding of a foreign legal order. The article concludes by stating that Professor Jones's work will influence future generations of scholars trying to answer the why, what, and how of …


Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade Jan 1996

Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade

Fordham International Law Journal

As the title of this introduction implies, there are few traces of hope and optimism to be found in Haiti's current situation. If the unavoidable problems of rural communities in a nation of peasants such as Haiti are left unaddressed, and if the nation continues to rely on the standards of the old police state as a model for the new national police, Haiti's transition toward democracy will be off to a bad start. There must be the immediate desire to straighten out this tangled web if Haiti is not to miss this window of opportunity. This Article analyzes this …


The Role Of Law In Business Development, Ibrahim F.I. Shihata Jan 1996

The Role Of Law In Business Development, Ibrahim F.I. Shihata

Fordham International Law Journal

Part I of this Essay concerns the law of developing nations as it effects business growth. Part II describes the legal framework needed in developing nations. Part III talks about the legislative policies that should be adopted. Part IV is about the role of the World Bank in developing nations.


The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy Jan 1996

The Use Of Journals In Legal Education: A Tool For Reflection, J.P. "Sandy" Ogilvy

Scholarly Articles

This Article demonstrates that the journal is a pedagogical tool worthy of more explicit attention by both clinical law teachers and non-clinical faculty alike. It introduces some of the literature on critical thinking and learning theory that supports the assignment of journals as an important tool in legal education; it provides a starting point for articulating pedagogical goals that can be met through journal assignments; and it alerts the first-time user to the challenges inherent in the use of journals in legal education.


The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie Jan 1996

The Court And The Changing Constitution: A Discussion, Vincent M. Bonventre, Carl Swidorski, Barry Latzer, James A. Gardner, Peter Galie

Journal Articles

No abstract provided.


Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer Jan 1996

Maybe A Lawyer Can Be A Servant; If Not…, Thomas L. Shaffer

Journal Articles

Consider the way we American lawyers learn about the relationship between the church and the law: This grand constitutional and legal order we propose to serve is unfolded before us and built up in our minds and hearts; it comes to us out of multi-volume sets of course books, and, like the gods of Canaan, it comes to us as religious: Thomas Jefferson said America was God's New Israel; David Hoffman, the grandfather of legal ethics in America, spoke of the law as a temple and of us lawyers as priests who served in the temple; Law Day speakers commonly …


Protecting Land Around Airports; Avoiding Regulatory Taking Claims By Comprehensive Planning And Zoning, Steven H. Magee Jan 1996

Protecting Land Around Airports; Avoiding Regulatory Taking Claims By Comprehensive Planning And Zoning, Steven H. Magee

Journal of Air Law and Commerce

No abstract provided.


Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly Jan 1996

Race And Place: Geographic And Transcendent Community In The Post-Shaw Era, Lisa A. Kelly

Articles

Race and Place is a narrative article, both fictional and true, dedicated to exploring the dual realities of a geographic and transcendent community in the context of the Supreme Court's recent decisions in Shaw v. Reno and Miller v. Johnson. The Court has allowed and affirmed constitutional challenges to districts drawn to empower African-Americans "with nothing in common but the color of their skin." The Article draws upon history, literature, political science, and law to critique the Court's assumptions concerning the challenged districts and to demonstrate the existence of African-American communities of interest which are both geographically bounded by …


Identity Notes Part One: Playing In The Light, Adrienne D. Davis Jan 1996

Identity Notes Part One: Playing In The Light, Adrienne D. Davis

Scholarship@WashULaw

This Essay had its origins in a panel held during the Washington College of Law at American University's conference on Race, Law and Justice: The Rehnquist Court and the American Dilemma on September 21, 1995. The title of my panel, "Beyond Black and White: Race Conscious Policies and the 'Other Minorities,'" crafted by the conference organizers accomplishes subtly several things that I hope to continue in more explicit fashion in this Essay. The title challenges false binary racial logic from the position of groups who are neither Black nor white. It also foregrounds the history behind the development of this …


Introduction And History Of The Canada-U.S. Law Institute, Sidney Picker Jr. Jan 1996

Introduction And History Of The Canada-U.S. Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.


The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies Jan 1996

The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies

Fordham Law Review

No abstract provided.


Megan's Law: The New Jersey Supreme Court Navigates Uncharted Waters, Elga A. Goodman Jan 1996

Megan's Law: The New Jersey Supreme Court Navigates Uncharted Waters, Elga A. Goodman

Seton Hall Law Review

No abstract provided.


Medicare Hmos: A Consumer Perspective, Carol S. Jimenez Jan 1996

Medicare Hmos: A Consumer Perspective, Carol S. Jimenez

Seton Hall Law Review

No abstract provided.