Digital Commons Network^™

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

Vanderbilt Journal of Transnational Law

The authors analyze the 1994 Japanese products liability law from a national-culture perspective. After examining the historical backdrop of the consumer's social role in both the United States and Japan, the authors argue that the new law cannot create a strict liability system like that of the United States in Japan, because the unique Japanese cultural context and its manipulation discourage the use of the legal process to advance consumer interests.

"Never Draw Unless You Mean To Shoot": United States Department Of State's Responses To Property Seizures In Latin America, Nathan D. Younge

Graduate Program in International Studies Theses & Dissertations

This thesis examines the U.S. Department of State's diplomatic handling of disputes over the seizure of U.S.-owned property in Latin America between 1937 and 1973. Seizures in Bolivia, Mexico, Guatemala, Cuba, Peru and Chile are used as case studies, and provide examples of successful and unsuccessful diplomatic outcomes.

Several key factors are analyzed in each dispute, including Several key factors are analyzed in each dispute, including whether the Department took a conciliatory or confrontational approach toward each country, the kind of economic pressure applied, the situations under which the Department opted for official diplomatic involvement, and the types of informal …

The Watershed Source Book: Watershed-Based Solutions To Natural Resource Problems, Wendy S. Rudnik, David H. Getches, Teresa A. Rice, Betsy Rieke, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 v. (various pagings) : maps (2 folded) ; 28 cm

The New Community Reinvestment Act Regulations: An Attempt To Implement Performance-Based Standards, Richard D. Marsico

Articles & Chapters

On May 4, 1995, the federal banking regulatory agencies published new Community Reinvestment Act (CRA) regulations.' This culminated a process that began nearly two years earlier, in July 1993, when President Clinton called on the agencies to reform the CRA enforcement regime. The goal was to institute a regulatory scheme that emphasized lending performance over process, that was more objective and less subject to arbitrary interpretation, and that reduced unnecessary paperwork.2 With this presidential mandate, the agencies commenced a 21-month odyssey that included seven hearings around the country with more than 250 witnesses, two sets of proposed revisions to the …

Development Of Law Firm Training Programs: Coping With A Turbulent Environment, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Governing Networks And Rule-Making In Cyberspace, Joel R. Reidenberg

Faculty Scholarship

The global network environment defies traditional regulatory theories and policymaking practices. At present, policymakers and private sector organizations are searching for appropriate regulatory strategies to encourage and channel the global information infrastructure (“GII”). Most attempts to define new rules for the development of the GII rely on disintegrating concepts of territory and sector, while ignoring the new network and technological borders that transcend national boundaries. The GII creates new models and sources for rules. Policy leadership requires a fresh approach to the governance of global networks. Instead of foundering on old concepts, the GII requires a new paradigm for governance …

The Court And The Changing Constitution: A Discussion, Carl Sividorski, James Gardner, Barry Latzer, Peter Galie

Touro Law Review

No abstract provided.

Lawyers Learning To Survive: The Application Of Adventure-Based Learning To Skills Development, Nadja Alexander

Research Collection Yong Pung How School Of Law

Keeping pace with the changing face of Australian legal practice requires new approaches to teaching, both at university level and in professional training. This article considers the integration of adventure-based learning (ABL) approaches to meet new challenges in skills training. The discussion reviews the relevant literature and reports on a recent ethnographic study on the effectiveness of ABL techniques in the teaching of skills at tertiary level. Both the literature review and the ethnographic study indicate that ABL is an effective method for developing participants' skills. The results of the study suggest that ABL is effective for coaching participants in …

Libertarianism With A Twist, Heidi Li Feldman

Georgetown Law Faculty Publications and Other Works

Review of SIMPLE RULES FOR A COMPLEX WORLD. By Richard A. Epstein. Cambridge: Harvard University Press. 1995. Pp. xiv, 361.

Public Policy And Private Lives: Social And Spatial Dimensions Of Women's Poverty And Welfare Policy In The United States, Ann R. Tickamyer

Kentucky Law Journal

No abstract provided.

Reflections On The Limitations Of Rational Discourse, Empirical Data, And Legal Mandates As Tools For The Achievement Of Gender Equity In American Higher Education, Susan J. Scollay, Carolyn S. Bratt

Kentucky Law Journal

No abstract provided.

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

Faculty Publications

(Excerpt)

In the 1993 New York City School Board elections, a system of proportional representation allowed lesbians and gay men to elect representatives of their choice. In response to the School Board's plan to introduce the Children of the Rainbow Curriculum, the New York City chapter of the Christian Coalition, an organization of the Christian Right, began an opposition campaign with the slogan "No Sodom on the Hudson" that pitted parents of color against so-called “rich white gays.” Having succeeded in forcing the school chancellor's resignation, the Christian Coalition formulated a plan for the takeover of all New York City …

The Ghosts Of Homer Plessy, Rodney A. Smolla

Faculty Publications

No abstract provided.

Recent Challenges To The Persistent Dual Banking System, Heidi Mandanis Schooner

Scholarly Articles

This essay begins with a brief discussion of the history of the dual banking system in Part I. Part II reviews the justifications for, and criticisms of, the dual banking system. Part III details the recent challenges to the dual banking system. Part IV looks to the future of the dual banking system and concludes that Congress has chosen not to preempt entirely the states' authority despite the continued erosion of states' authority over safety and soundness issues. This leaves the states with a continuing opportunity to serve as laboratories of innovation in bank regulation. If the states seize this …

The Colorado Charter Schools Act And The Potential For Unconstitutional Applications Under Article Ix, Section 15 Of The State Constitution, Peter J. Perla

University of Colorado Law Review

No abstract provided.

The Advocate, The Advocate, Fordham Law School

The Advocate

Headlines include: Dean John D. Feerick Asked To Join President Clinton On Northern Ireland Trip; Computer Lab Undergoes Upgrade; TELEFILE Goes To College

Sacred Site Protection Against A Backdrop Of Religious Intolerance, Rayanne J. Griffin

Tulsa Law Review

No abstract provided.

Judicial Waiver Policy And Practice: Persistence, Seriousness And Race, Marcy Rasmussen Podkopacz, Barry C. Feld

Minnesota Journal of Law & Inequality

No abstract provided.

Aliquippa: The Company Town And Contested Power In The Construction Of Law, Kenneth Casebeer

Buffalo Law Review

No abstract provided.

"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi

Michigan Law Review

The Supreme Court's recent decision in United States v. Lopez marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers. After being "asleep at the constitutional switch" for more than fifty years, the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event. Even if Lopez produces no progeny and is soon overruled, the opinion has shattered forever the notion that, after fifty years of Commerce Clause precedent, we can never go back to the …

A Whole New Ballgame: The Application Of Trademark Law To Sports Mark Litigation, Steven N. Geise

Seton Hall Journal of Sports and Entertainment Law

No abstract provided.

Riparian Rights Under International Law: A Study Of Israeli-Jordanian Peace Treaty, Niva Telerant

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Forum (Volume 26, Number 6), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Role Of Bureaucracy In Managing Urban Land In Vietnam, John Gillespie

Washington International Law Journal

In recent years, the Vietnamese government has opened up its economy to both domestic and foreign private investors. In the construction industry, however, developers must contend with a legal environment fraught with contradictions and idiosyncrasies. The industry is one marked by the subordination of law-widespread patronage, party policy, and traditional customs. While property rights superficially resemble those in Western states, ownership and development are in theory strictly controlled by the central government. But paradoxically, the level of compliance with property laws is substantially lower in Vietnam than in the West. Noncompliance with property laws and building regulations is perpetuated by …

Watershed Based Efforts: The Applegate Partnership Of Southwest Oregon, Jack Shipley

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

15 pages.

Resource Law Notes Newsletter, No. 35, Fall Issue, Sept. 1995, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Medical Board Of California, J. Corr, P. Peng, J. D. Fellmeth

California Regulatory Law Reporter

No abstract provided.

Immigration Law In The Russian Federation, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.

The Improving America's Schools Act And Elementary And Secondary Education Reform, Richard W. Riley

The Journal of Law and Education

No abstract provided.

"Virtually Integrated Classrooms": Using The Internet To Eliminate The Effects Of Unconstitutional Racial Segregation In The Public Schools, Mark S. Davies

The Journal of Law and Education

No abstract provided.