Digital Commons Network^™

As Natural Landscaping Takes Root We Must Weed Out The Bad Laws - How Natural Landscaping And Leopold's Land Ethic Collide With Unenlightned Weed Laws And What Must Be Done About It, 26 J. Marshall L. Rev. 865 (1993), Bret Rappaport

UIC Law Review

No abstract provided.

Are Rights The Right Thing? Individual Rights, Communitarian Purposes And America's Problems (Book Review), David Abraham

Articles

No abstract provided.

Avoiding Elective Dictatorship In The United Kingdom: Debate On Constitutional And Electoral Reform Through Proportional Representation, John A. Zecca

UC Law SF International Law Review

Constitutional debate in the United Kingdom is focusing on whether the electoral system fairly represents the population. This Note examines the unwritten British Constitution that gives politicians complete control over the country's electoral system. The Note argues that political self-interest has led to current first-past-the-post electoral system that ignores the will of a diverse electorate by polarizing government. The Note then examines alternate electoral systems that use proportional representation to ensure the election of third party candidates. The Note concludes by recommending adoption of an electoral system that incorporates diversity while remaining true to the constitutional heritage of the United …

Planner's Panacea Or Pandora's Box: A Realistic Assessment Of The Role Of Urban Growth Areas In Achieving Growth Management Goals, Keith W. Dearborn, Ann M. Gygi

Seattle University Law Review

Over the past twenty years, Urban Growth Areas (UGAs) have become a tool of choice to manage growth. Numerous states and local jurisdictions have mandated UGAs in hope of confining urbanization, reducing sprawl, protecting open space and resource lands, and minimizing infrastructure investment. Washington State joined the trend in 1990 when it adopted the Growth Management Act (GMA), which requires certain counties to establish UGAs as a central component of its "bottom up" growth management strategy. Nonetheless, thoughtful criticisms have been offered regarding the utility of UGAs to accomplish intended growth management goals, and concerns have emerged regarding unintended consequences …

Reform In The International Protection Of Sound Recordings: Upsetting The Delicate Balance Between Authors, Performers And Producers Or Pragmatism In The Age Of Digital Piracy?, David Edward Agnew

Loyola of Los Angeles Entertainment Law Review

No abstract provided.

How Globalization And Freer Trade Are Creating A New Architecture Of North America, Stephen Blank

Hofstra Labor & Employment Law Journal

No abstract provided.

Alumni Quarterly - Issue No. 49, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Second Coffin Lecture to Feature Arthur M. Schlesinger, Jr.
• Cumberland Legal Aid Clinic Receives Major Federal Grant
• Alumni News

Recalibrating The Civil Justice Reform Act, Carl W. Tobias

Law Faculty Publications

In 1990, Congress enacted the Civil Justice Reform Act ("CJRA"), a measure which could substantially change the nature of federal civil litigation. One aspect of the CJRA that provides evidence respecting the progress of civil justice reform is the civil justice expense and delay reduction plans issued in late 1991 by the thirty-four federal district courts which the Judicial Conference of the United States designated as Early Implementation District Courts ("EIDCs").

Congress is currently attempting to assess the reforms included in these plans, which constitute the initial significant step in implementing the CJRA. By some oversight, Congress has not invited …

Silver Linings In Federal Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Many observers, including most of the participants in the civil litigation symposium, have levelled considerable criticism at the Civil Justice Reform Act of 1990 ("CJRA" or "Act") and its implementation. This criticism--which encompasses numerous phenomena, as abstract as constitutional theory and as pragmatic as numerical limitations on interrogatories--emanates from several quarters and ranges across the political spectrum.

Notwithstanding the numerous criticisms that observers have lodged at the statute and its effectuation, a number of which have considerable validity, the federal reform initiative has afforded many advantages. Unfortunately, these benefits have received comparatively little recognition. Because the reform's salutary aspects could …

Restoring The Grand Security: The Debate Over A Federal Bill Of Rights, 1787-1792, John P. Kaminski

Santa Clara Law Review

No abstract provided.

Who Rules At Home: One Person/One Vote And Local Governments, Richard Briffault

Faculty Scholarship

Twenty-five years ago, in Avery v Midland County, the United States Supreme Court extended the one person/one vote requirement to local governments. Avery and subsequent decisions applying federal constitutional standards to local elections suggested a change in the legal status of local governments and appeared to signal a shift in the balance of federalism. Traditionally, local governments have been conceptualized as instrumentalities of the states. Questions of local government organization and structure were reserved to the plenary discretion of the states with little federal constitutional oversight. In contrast, Avery assumed that local governments are locally representative bodies, not simply …

An Education Of Their Own: The Precarious Position Of Publicly Supported Black Colleges After United States V. Fordice, Darryll K. Jones

Journal Publications

In United States v. Fordice, the United States Supreme Court revisited the awesome task of eliminating race from educational policy. Fordice ostensibly involved the duty of a state to remedy past discrimination in its formerly segregated system of higher education. Mississippi argued that it need only cease further discrimination, while private petitioners and the United States argued that the state must also undertake remedial measures beyond simply ending present discriminatory practices. The Court's rejection of Mississippi's approach and its adherence to the Brown v. Board of Education demand to eliminate race as a factor in educational opportunity uncovered the hidden …

An Earth Parliament For Indigenous Peoples: Investigating Alternative World Governance, Chris Wold

Colorado Environmental Law Journal

No abstract provided.

International Environmental Law: Basic Instruments And References By Edith Brown Weiss, Daniel Barstow Magraw, And Paul C. Szasz, Eds. Basic Documents Of International Environmental Law By Harald Hohmann, Ed. International Environmental Law: Primary Materials By Michael R. Molitor, Ed. Selected Multilateral Treaties In The Field Of The Environment: Volume 2 By Iwona Rummel-Bulska And Seth Osafo, Eds. For The United Nations Environment Programme, George W. Pring, David L. Joeris

Colorado Environmental Law Journal

No abstract provided.

Conservation International Lessons From The Field: Mapping Biodiversity, Laura Tangley

Colorado Environmental Law Journal

No abstract provided.

A Certain False Security: The Madrid Protocol To The Antarctic Treaty, Steve T. Madsen

Colorado Environmental Law Journal

No abstract provided.

Some Thoughts On The Efficacy Of A Mass Toxics Administrative Compensation Scheme, Robert L. Rabin

Maryland Law Review

No abstract provided.

Enhancing The Public's Right-To-Know About Environmental Issues, Gary D. Bass, Alair Maclean

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Informed Choice: Physicians' Duty To Disclose Nonreadily Available Alternatives, Halle Fine Terrion

Case Western Reserve Law Review

No abstract provided.

Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano

Fordham Law Review

In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.

Without Virtue There Can Be No Liberty, Suzanna Sherry

Vanderbilt Law School Faculty Publications

Over the past two and a quarter centuries, Americans have understood rights and liberties in a variety of different ways. What I hope to do in this essay is to describe the two most prominent traditions of our heritage of liberty, and then to explore a way in which we might reconcile the conflicts between them and make both traditions useful in the service of liberty today.

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

In A Different Register: The Pragmatics Of Powerlessness In Police Interrogation, Janet Ainsworth

Faculty Articles

In a majority of states, a suspect is deemed to have invoked the Miranda right to counsel only if the suspect's request is clear and unequivocal. This doctrine is challenged as an insufficient protection of constitutional rights. It is argued that courts should treat even ambiguous and equivocal requests as per se effective innovations of the right to counsel.

Richmond Law Magazine: Winter 1993

Richmond Law Magazine

Features:

Dedication

ADA, Civil Rights Act, and Your Workplace

The Role Of Lawyers In Social Change: United States, Frank Upham

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-25, Index

Case Western Reserve Journal of International Law

No abstract provided.

Federalism In South Africa--Notes From The American Experience, Cass R. Sunstein

American University International Law Review

No abstract provided.

Regional Trade Arrangements In The Western Hemisphere, Richard Bernal

American University International Law Review

No abstract provided.

The Case For The Independent Statehood Of Somaliland, Anthony J. Carroll, B. Rajagopal

American University International Law Review

No abstract provided.

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …