Digital Commons Network^™

Mr. Justice Blackmun: A Reminiscence, Richard S. Arnold

North Dakota Law Review

No abstract provided.

The Downstream People: Treating Indian Tribes As States Under The Clean Water Act, John S. Harbison

North Dakota Law Review

No abstract provided.

Dispute Resolution In Indian Country: Harmonizing National Farmers Union, Iowa Mutual, And The Abstention Doctrine In The Federal Courts, Lynn H. Slade

North Dakota Law Review

No abstract provided.

Trademark Protection For Color: Basking In The Warmth Of "Sun Glow", Jennifer D. Silverman

Touro Law Review

No abstract provided.

Physician Assisted Suicide: The Last Bridge To Active Voluntary Euthanasia, Yale Kamisar

Book Chapters

SOME 30 YEARS AGO an eminent constitutional law scholar, Charles L. Black, Jr, spoke of 'toiling uphill against that heaviest of all argumental weights- the weight of a slogan.' I am reminded of that observation when I confront the slogan the 'right to die.' Few rallying cries or slogans are more appealing and seductive than the 'right to die.' But few are more fuzzy, more misleading, or more misunderstood.

Structuring The Ballot Initiative: Procedures That Do And Don't Work, Richard B. Collins, Dale Oesterle

Publications

No abstract provided.

Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika

LLM Theses and Essays

In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …

Legal And Structural Hurdles To Achieving Political Stability And Economic Development In The Palestinian Territories, Keith C. Molkner

Fordham International Law Journal

As the institutions of Palestinian self-government have evolved, it has become increasingly apparent that the principal challenge for Palestinian decision-makers will be to establish structural and legal bases for the emergence of a civil society and a dynamic economy. The hurdles that confront Palestinian decision-makers in this regard are considerable, and may be divided into two groups. First, Palestinian leaders must recognize and resolve the “structural” challenges reflected in the political and economic realities imposed by current events. These include the peace process with Israel, the creation of the Palestinian National Authority (“PNA”), and the more recent creation of the …

Competing Visions Of The Jewish State: Promoting And Protecting Freedom Of Religion In Israel, Basheva E. Genut

Fordham International Law Journal

This Note argues that religion and state cannot be separated in Israel. Part I presents the historical connection between the Jewish nation and the land of Israel and its impact on Israel's legal system. Part I also examines the current legal status of Jewish law in Israel. Part II discusses proposed models for resolving the religion-state conflict in Israel. Part III defends the integration of Jewish law into Israeli law, arguing that incorporating only the national and cultural elements of Judaism into Israeli policy, while ignoring its religious components, is insufficient to sustain the notion of Israel as a Jewish …

Why Redraw The Map Of Africa: A Legal And Moral Inquiry, Makau Wa Mutua

Journal Articles

This article questions the legitimacy of the African state and the imperial cartography on which it is based. It argues that African states are conceptually faulty because they are the crude and thoughtless handiworks of European colonial powers. It is the artificiality of the African state that has been responsible for its failure to cohere into a nation that is viable. The piece argues for geographic and normative re-articulation of the African state - by smashing the current states - to endow them with moral, political, and legal legitimacy. It concludes that democratic entities are unlikely to develop where pre-colonial …

Rhetoric And Reality: Tort Reform And The Uncertain Future Of General Aviation, Scott E. Tarry, Lawrence J. Truitt

Journal of Air Law and Commerce

No abstract provided.

Eti, Phone The Department Of Labor: Economically Targeted Investments, Ib 94-1 And The Reincarnation Of Industrial Policy, Edward A. Zelinsky

Articles

In Interpretive Bulletin 94-1 (B 94-1), the Department of Labor defines economically targeted investments (ETIs) as investments which bear risk-adjusted, market rates of return and which also generate collateral economic benefits. lB 94-1 declares ETIs, so defined, to be consistent with the fiduciary provisions of the Employee Retirement Income Security Act of 1974 (ERISA). In his critique of lB 94-1, Professor Edward Zelinsky finds the ET1 concept unsound as a matter of policy and logic and incompatible with ERISA's statutory standards governing pension trustees' investment decisions. Professor Zelinsky views 1B 94-1 as resurrecting the discredited notion of industrial policy. He …

Ivhs, Legal Privacy, And The Legacy Of Dr. Faustus , Robert Weisberg

Santa Clara High Technology Law Journal

No abstract provided.

Judges And Legislators: Enhancing The Relationship L. Ralph Mecham & Federal Courts Administration: A Decade Of Innovation And Progress , Deanell Reece Tacha

American University Law Review

No abstract provided.

The Quest For A Bosnian Constitution: Legal Aspects Of Constitutional Proposals Relating To Bosnia, Paul C. Szasz

Fordham International Law Journal

The analogue in international politics is the three-party conflict in Bosnia-Herzegovina, a quagmire in which first Europe and then the entire world have become stuck. The complexity of the problem reflects not only the intensity of the hatreds that have been fanned between the parties and must now be accounted for in any solution, but that two of the primary parties have immediate support in neighboring countries that also have their own bilateral problems to resolve; furthermore, each of these actors has, for historical or other motives, its own important patrons among the leading powers of the world. This Essay …

The Evolution Of International Law Firms And The Role Of Bar Associations In Transborder Legal Practice, James R. Silkenat

Fordham International Law Journal

No abstract provided.

The International Style In Postwar Law And Policy: John Jackson And The Field Of International Economic Law, David Kennedy

American University International Law Review

No abstract provided.

Tax Credit Aspects: Tax Climate For R & D: A Canadian Perspective, Peter Kastner

Canada-United States Law Journal

No abstract provided.

Introduction A Review Of Recent Decisions Of The United States Court Of Appeals For The Federal Court , Glenn L. Archer, Jr.

American University Law Review

No abstract provided.

Violent Youth And Public Policy: A Case Study Of Juvenile Justice Law Reform, Barry C. Feld

Articles

The purpose of this article by Feld was to examine the work of Minnesota's Juvenile Justice Task Force of 1994 in light of policy, case law, and prior task force recommendations. The author, a member and co-chair of the Task Force, analyzed revisions in the Minnesota juvenile justice adjudicatory system as it converged juvenile and criminal court adjudication procedures and philosophy. Ultimately, the recommendations of the Task Force were presented and accepted by the Minnesota legislature, and subsequently included Minnesota's 1994 Juvenile Crime Bill.

Hazardous Waste Exportation: The Global Manifestation Of Environmental Racism, Hugh J. Marbury

Vanderbilt Journal of Transnational Law

During the last decade, the United Nations and other international organizations have been struggling with the issue of hazardous waste exportation to developing countries. At the same time, the United States has been grappling with environmental racism. However, critics of both hazardous waste exportation and environmental racism have overlooked their similarities, namely, that hazardous waste exportation and environmental racism place a disproportionate burden on the same classes of people, the poor and minorities. The exportation of hazardous waste to developing countries is essentially environmental racism on an international scale.

This Note briefly explains the history and economic motivations behind hazardous …

Urban Despair And Nietzsche's "Eternal Return:" From The Municipal Rhetoric Of Economic Justice To The International Law Of Economic Rights, Barbara Stark

Vanderbilt Journal of Transnational Law

Urban poverty has had a devastating impact, especially on African Americans in the United States, who have been ill-served by the rhetoric of opportunity. In this Article, the author argues that economic rights must be recognized as rights if the urban poor are even to dream of economic justice. The author uses the writings of German philosopher Friedrich Nietzsche to explain how the past can be reclaimed. Urban poverty must be understood in an historical context. Limiting the inquiry to a domestic historical context not only blinds people to the relationship between domestic and international poverty, and domestic and international …

The Internationalization Of Contractual Conflicts Law, Patrick J. Borchers

Vanderbilt Journal of Transnational Law

Professor Borchers maintains that United States conflict of laws rules regarding contracts have long had an international character. This Article reviews the development of contractual conflicts law and examines how, through Joseph Story's treatises, the United States law in this area assumed an international perspective.

These international influences have played and will increasingly play an important role in the development of U.S. contractual conflicts rules. This influence can be seen in both choice-of-forum and choice-of-law agreements. Both have been upheld by U.S. courts initially in international cases, which presented starker contrasts in choice of law or choice of forum. Once …

Girls And The Getaway: Cars, Culture, And The Predicament Of Gendered Space, Carol Sanger

Faculty Scholarship

What does law tell us about our relations to material things? Property theorists maintain that there are no legal relations between persons and things. Things can be owned, transferred, bequeathed, assigned, repossessed, and so on, but such arrangements really describe relationships among different persons with regard to the object rather than relationships between persons and things.

Yet the quality or shape of the legal relations among persons often depends on the cultural meaning of the thing in question, a meaning (or meanings) that exists, in some form anyway, prior to or independent of, legal concepts traditionally attached to things such …

Can International Legal Principles Promote The Resolution Of Central And East European Transboundary Environmental Disputes?, Paul Williams

Scholarly Articles in Law Reviews & Journals

The fall of communism and the subsequent opening of Central and Eastern Europe (CEE) have revealed a regional ecosystem under serious strain after over forty years of communist stewardship. Although the entire region suffers from an exploited ecosystem, particular destruction has occurred in the border regions of the CEE states. The substantial environmental destruction and continuing degradation in these border regions give rise to a number of transboundary environmental disputes, which must be resolved if the situation is to be alleviated.'

The Threat Of The Wandering Poor: Welfare Parochialism And Its Impact On The Use Of Housing Mobility As An Anti-Poverty Strategy., Susan Bennett

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Canada-United States Law Journal

No abstract provided.

Venture Capital And Private Equity: Financing Innovation In The Private Sector, Robert D. Pavey

Canada-United States Law Journal

No abstract provided.

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

Articles

No abstract provided.

Defending Racial Violence, Anthony V. Alfieri

Articles

No abstract provided.