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Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner Mar 1994

Religious Freedom Issues In Domestic Relations Law, Mitchell A. Tyner

Brigham Young University Journal of Public Law

No abstract provided.


Software Copyright Protection In The Nafta And Berne Regimes: A Comparative Analysis Of U.S. And Canadian Copyright Law, Michelle Bodine-Keely Mar 1994

Software Copyright Protection In The Nafta And Berne Regimes: A Comparative Analysis Of U.S. And Canadian Copyright Law, Michelle Bodine-Keely

Tulsa Journal of Comparative and International Law

No abstract provided.


Vol. 17 No. 1 (1994): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1994

Vol. 17 No. 1 (1994): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …


“A Foreign Flower”? Democracy In The South Pacific, Peter Larmour Mar 1994

“A Foreign Flower”? Democracy In The South Pacific, Peter Larmour

Pacific Studies

No abstract provided.


Afterword: Shaw V. Reno, Robinson O. Everett Mar 1994

Afterword: Shaw V. Reno, Robinson O. Everett

North Carolina Law Review

No abstract provided.


Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1994

Vol. 17 No. 1 (1994): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US$40.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, and …


Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve Mar 1994

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Louisiana Law Review

No abstract provided.


Human Rights In The Social Sciences, Erika Loerner Friedi Feb 1994

Human Rights In The Social Sciences, Erika Loerner Friedi

Center for the Study of Ethics in Society Papers

This paper was originally presented as a Western Michigan University Faculty Scholar Lecture. The Ethics Center is grateful to the Faculty Scholars' Committee and to its chair, Prof. Ernst Breisach, for allowing us to publish it.


Reality, Drew S. Days, Iii Feb 1994

Reality, Drew S. Days, Iii

San Diego Law Review

This Article applies the economic theory of regulation to laws forbidding discrimination or requiring affirmative action. It argues for using transferable rights in order to achieve diversity rather than quotas. Based on economic theories, the Article finds that the most efficient remedies for discrimination are the ones already developed by economists for other problems. The author suggests that discriminatory cartels can be prohibited or undermined, discriminatory signals can be overcome by supplementing market information, and external effects of prejudice can be internalized by tax subsidies. He concludes that perfect competition causes discriminators to pay for segregation, and some current antidiscrimination …


Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr. Feb 1994

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.


From Feres V. United States To Boyle V. United Technologies Corp.: An Examination Of Supreme Court Jurisprudence And A Couple Of Suggestions, David E. Seidelson Jan 1994

From Feres V. United States To Boyle V. United Technologies Corp.: An Examination Of Supreme Court Jurisprudence And A Couple Of Suggestions, David E. Seidelson

Duquesne Law Review

Absent any clear legislative history, the Supreme Court concluded in Feres that Congress had not intended the Federal Tort Claims Act to apply to injuries incident to military service. Since the Feres decision, the Court has offered a series of unpersuasive and inconstant rationales for its conclusion. This article offers a unified rationale that reflects a rational legislative concern and invites intelligent and consistent application by the Courts. Paradoxically, in determining the validity and scope of the government contractor defense, the Court having available a carefully considered, clearly articulated judicial opinion spelling out the applicability of that defense, saw fit …


Florida's Official English Amendment, Donna M. Greenspan Jan 1994

Florida's Official English Amendment, Donna M. Greenspan

Nova Law Review

No abstract provided.


Trial Court Unification: Proposed Constitutional Amendments And Commentary As Amended And Adopted By The Judicial Council, J. Clark Kelso Jan 1994

Trial Court Unification: Proposed Constitutional Amendments And Commentary As Amended And Adopted By The Judicial Council, J. Clark Kelso

McGeorge Law Review

No abstract provided.


The Constitutional Right To Housing In The Russian Federation: Rethinking The Guarantee In Light Of Economic And Political Reform, Sheila O'Leary Jan 1994

The Constitutional Right To Housing In The Russian Federation: Rethinking The Guarantee In Light Of Economic And Political Reform, Sheila O'Leary

American University International Law Review

No abstract provided.


Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon Jan 1994

Brown V. Iowa Legislative Council: Struggling With The Application Of The Freedom Of Information Act To Computerized Government Records, 13 J. Marshall J. Computer & Info. L. 123 (1994), Elizabeth M. Dillon

UIC John Marshall Journal of Information Technology & Privacy Law

In 1996, Congress passed the Freedom of Information Act (FOIA) to promote public access of information held by the federal government. Consequently, fifty states followed the lead by passing similar statutes providing public access to information held by state governments. While FOIA statutes facilitates the dissemination of information, the use of "records" in the statutes proves to be problematic in this computer age. Part of the accessible records is the information of redistricting of the states, a federal constitutional requirement on the states every ten years. In the Brown v. Iowa Legislative Council, plaintiff sought to gain access to the …


Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker Jan 1994

Imagining The Alternative Futures Of The U.S. Courts Of Appeals, Thomas E. Baker

Faculty Publications

Any number of extramural or structural reforms have been proposed over the years to solve the present problems and to meet the future needs of the United States Courts of Appeals. Some have been on the drawing board for a long time, while others are much more novel. In this article, Professor Baker gathers the more provocative extramural or structural proposals that have coalesced thus far in the decades-long debate over what Congress should do about the intermediate federal appellate courts. The Final Report of the Federal Courts Study Committee is the point of departure for this "inquiry and discussion."


The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker Jan 1994

The Eleventh Circuit’S First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Faculty Publications

Likewise, the task of commentary is difficult. The period covered here-the first decade of the Eleventh Circuit-represents, quite literally and figuratively, the formative era of the court. Indeed, the volume of decisions and their variety are qualities that ought to humble, if not intimidate, most commentators. Justice Holmes once observed that a common law court could be expected to replicate the entire corpus juris in the space of a single generation. The Eleventh Circuit did this consciously between 1981 and 1991. In Bonner v. City of Prichard, the inaugural en banc court held that the new court-just cleaved from the …


Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds Jan 1994

Legislative Comment: The Omnibus Space Commercialization Act Of 1993, Glenn Harlan Reynolds

Scholarly Works

No abstract provided.


Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen Jan 1994

Looking Back In Time: Sixteenth Century Wherefores And Therefores As Part Of The Continuum Of Western Legal Thought, George T. Anagnost, Richard C. Jensen

Seattle University Law Review

Surrounded with the conveniences of a word processor, form book, and facsimile machine, the modern-day attorney might be tempted to equate the advent of sophisticated commercial transactions with the advent of the electronic age. Just as form follows function, it seems only logical to assume that the use of lengthy, carefully-drafted agreements is reflective of successive generations of sharper, more knowledgeable business clients. Curiously, however, the lesson that history teaches us is different. Looking back in time to the year 1511 at a proposal for the sale of alum between the City of Venice and a banker from Rome, one …


The Eleventh Circuit's First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker Jan 1994

The Eleventh Circuit's First Decade Contribution To The Law Of The Nation, 1981-1991, Thomas E. Baker

Nova Law Review

No abstract provided.


Toward Collective Responsibility In Asylum Law: Reviving The Eroding Right To Political Asylum In The United States And The Federal Republic Of Germany, James M. Didden Jr. Jan 1994

Toward Collective Responsibility In Asylum Law: Reviving The Eroding Right To Political Asylum In The United States And The Federal Republic Of Germany, James M. Didden Jr.

American University International Law Review

No abstract provided.


The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate Jan 1994

The National Information Infrastructure: Policymaking And Policymakers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.


Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel Jan 1994

Mandatory Disclosure And Local Abrogation: In Search Of A Theory For Optional Rules, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.


Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve Jan 1994

Reform Aspirations Of The Complex Litigation Project, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.


Computer-Assisted Legal Research, Peggy Roebuck Jarrett, Mary Whisner, Penny Hazelton Jan 1994

Computer-Assisted Legal Research, Peggy Roebuck Jarrett, Mary Whisner, Penny Hazelton

Chapters in Books

No abstract provided.


The Process Of Legal Research, Penny Hazelton Jan 1994

The Process Of Legal Research, Penny Hazelton

Chapters in Books

No abstract provided.


Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl Jan 1994

Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl

Scholarly Articles

This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …


Introduction And History Of The Canada-U.S. Law Institute, A. Sidney Picker Jr. Jan 1994

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

Canada-United States Law Journal

No abstract provided.


Reforming Affirmative Asylum Processing In The United States: Challenges And Opportunities, Gregg A. Beyer Jan 1994

Reforming Affirmative Asylum Processing In The United States: Challenges And Opportunities, Gregg A. Beyer

American University International Law Review

No abstract provided.


Avtorskoye Pravo [Author's Law]: The Reform Of Russian Copyright Law Toward An International Standard, Christopher Boffey Jan 1994

Avtorskoye Pravo [Author's Law]: The Reform Of Russian Copyright Law Toward An International Standard, Christopher Boffey

Maryland Journal of International Law

No abstract provided.