Digital Commons Network^™

The Troubles With Law And Economics, Leonard R. Jaffee

Hofstra Law Review

No abstract provided.

Postmodernism/Feminism/Law , Dennis Patterson

Cornell Law Review

No abstract provided.

Entail In Two Cities: A Comparative Study Of Long Term Leases In Birmingham, England And Baltimore, Maryland 1700-1900, Garrett Power

Faculty Scholarship

Urban planning is often thought of as a conscious collection of governmental choices made as to the shape and social structure of the city. Thoughtful and forward looking public policies are viewed as mapping out the future. Overlooked or understated in this estimation are the less purposeful influences on the urban morphology and city sociology. This paper examines one such influence, land tenure, by taking a comparative look at the residential development of Birmingham, England, and Baltimore, Maryland, between 1700 and 1900. Birmingham and Baltimore both housed their working class populations in densely-packed dwellings with shared party walls. And both …

Of Boroughs, Boundaries And Bullwinkles: The Limitations Of Single-Member Districts In A Multiracial Context, Judith Reed

Fordham Urban Law Journal

This essay examines the 1991 New York Ciity Council districting, with particular focus on the problems inherent in districting a multiracial city and the limitations of single member districts as a method of minority empowerment. The essay examines specific New York City Council districts that contain more than one minority group and concludes that electing council members from at-large, borough-wide districts by cumulative voting is a more effective districting strategy to structure majoritarian collective decision-making bodies that ensure meaningful minority interest representation and participation. .

School Vouchers: Are Urban Students Surrendering Rights For Choice? , Carol L. Ziegler, Nancy M. Lederman

Fordham Urban Law Journal

The introduction last spring of President Bush's America 2000 Excellence in Education Act to underwrite state and local programs which provide vouchers to enable parents to choose public, private or religious schooling for their children, has moved "school choice" to the forefront of the national education reform agenda. Nowhere is this more prevalent than in urban centers, where the breakdown of the public education system has been the focus of considerable attention and debate. The privatization of education in New York City, using vouchers, would mean the loss of legally defined procedural and participatory rights for students and parents, as …

The Nurse Practitioner In Malpractice Actions: Standard Of Care And Theory Of Liability, Susan E. Baker

Health Matrix: The Journal of Law-Medicine

No abstract provided.

Private Property Investment, Lucas And The Fairness Doctrine, John R. Nolon

Elisabeth Haub School of Law Faculty Publications

These remarks are not intended to advocate the interests of the new property rights movement. In fact, those advocates will be disappointed by what I say. Rather, I aspire to view the issue of real property regulation as broadly as possible, reaching beyond the jurisprudence of regulatory takings cases into the realms of real estate transactions law and comprehensive land use planning.

The Court Between Hegemonies, L. A. Powe, Jr.

Washington and Lee Law Review

No abstract provided.

The Contribution Of New States To The Development Of International Law, Mochtar Kusuma-Atmadja

Santa Clara Law Review

No abstract provided.

An Economic Analysis Of The Issues Surrounding Aids In The Workplace: In The Long Run, The Path Of Truth And Reason Cannot Be Diverted, Wayne R. Cohen

American University Law Review

No abstract provided.

The Dna Paternity Test: Legislating The Future Paternity Action, E. Donald Shapiro, Stewart Reifler, Claudia L. Psome

Journal of Law and Health

This Article will first briefly examine the historical development of the paternity suit in the beginning of Part II. Part II will then focus upon the standards of proof, presumptions and affirmative defenses concomitant to the traditional paternity action. Part III will examine the concepts and legal applications behind blood group / genetic marker testing and the probability formulas derived from these tests used to exclude or include a putative father. Part IV will examine the technology behind DNA paternity testing and its current evidentiary admissibility. Part V will discuss some of the substantive and public policy issues relating to …

The Role Of Legal Advisers In Ensuring That Foreign Policy Conforms To International Legal Standards, Antonio Cassese

Michigan Journal of International Law

With the help of a research team, the author spoke to the people most responsible for using-or ignoring-international law today: present and former foreign ministers and their chief legal advisers, hereafter referred to as LAs. From them, he hoped to get direct and first-hand evidence on the role played by international law in today's political arena. By sounding them out as thoroughly as the author and team of researchers did, it is now possible to shed some light on the role played by law and lawyers in foreign affairs. Part I of this essay will describe the role Legal Advisers' …

Revisiting Overton Park: Political And Judicial Controls Over Administrative Actions Affecting The Community, Peter L. Strauss

Faculty Scholarship

Overton Park is a 342-acre municipal park lying close to downtown Memphis, Tennessee, in one of that city's better residential areas. Citizens to Preserve Overton Park, Inc. v. Volpe is a Supreme Court decision frequently cited for its general propositions about judicial review of informal administrative action that, to the citizens of Memphis, was one way-station in a more than two-decade struggle concerning whether and where an inner-city expressway, part of Interstate 40, would be built. Overall, the story of that struggle reveals a complex brew of national and local politics about the marriage of highway convenience to urban amenity; …

Barbara Susan Forsman V. John Fredrick Forsman : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT Appeal from a Order on Order to Show Cause of the Third District Court in and for Salt Lake County, State of Utah Honorable Pat Brian

Barbara Susan Forsman V. John Fredrick Forsman : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (through 1995)

BRIEF OF APPELLANT Appeal from a Order on Order to Show Cause of the Third District Court in and for Salt Lake County, State of Utah Honorable Pat Brian

Perinatal Substance Abuse: Personal Triumphs And Tragedies, Nancy Ruhle

UC Law Journal

The problem of perinatal substance abuse is one of complexity, dilemma, and disturbance for the various professionals involved. To resolve the problem, Ms. Ruble argues, we must understand the nature of addiction and become intimately familiar with the experiences of the real women and children involved. From the perspective of a public health nurse, Ms. Ruhle narrates the stories of a sampling of her substance abusing clients and their children. In doing so, she illustrates the complexity of the problem and provides a human context within which to discuss the problem of perinatal substance abuse.

Electing The U.N. Secretary-General After The Cold War, Joakim E. Parker

UC Law Journal

This Note examines the rules governing the election of the United Nations Secretary-General. The rules, developed at the nascency of the Cold War, reflect an effort to accommodate superpower conflicts, and seem to contradict the broad principles that guided the development of the United Nations Charter.

This Note argues that the electoral rules are the catalyst for the regionalism, deadlock, and political maneuvering that plague elections of the Secretary-General. These problems, and the realities of a changing global political order, affirm the need to alter the electoral rules. The Note proposes a redefinition of each stage of the election, using …

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

Articles by Maurer Faculty

No abstract provided.

The Law Of The Non-Navigational Uses Of International Watercourses: Draft Articles On Protection And Preservation Of Ecosystems, Harmful Conditions And Emergency Situations, And Protection Of Water Installations, Ved P. Nanda

Colorado Environmental Law Journal

No abstract provided.

Table Of Contents, Colorado Journal Of International Environmental Law And Policy

Colorado Environmental Law Journal

No abstract provided.

Beyond The River Basin: The Changing Geography Of International Water Problems And International Watercourse Law, James L. Wescoat

Colorado Environmental Law Journal

No abstract provided.

Unanswered Prayers: The Upper Missouri River Basin States Take On The U.S. Army Corps Of Engineers, Brian Morris

North Dakota Law Review

No abstract provided.

Texas Civil Procedure, Ernest E. Figari Jr., A. Erin Dwyer, Donald Colleluori

SMU Law Review

No abstract provided.

Founding Father-In-Law: Judicial Amendment Of The Canadian Constitution, Dale Gibson

Law and Contemporary Problems

Judicial amendment of the Canadian Constitution is discussed. The Supreme Court of Canada can nullify or alter the constitutional text or its accepted meaning through constitutional interpretations.

Collaborative Authorship And The Teaching Of Writing, Andrea A. Lunsford, Lisa Ede

Cardozo Arts & Entertainment Law Journal

No abstract provided.

The Survival Of Civil Law In North America: The Case Of Louisiana, Thomas E. Carbonneau

Faculty Scholarship

There are legitimate historical reasons for speaking seriously about a civil law heritage in Louisiana. French and Spanish civilian influences permeated the Louisiana Civil Code when it was first enacted in 1808. The current status of the civil law in Louisiana, however, is problematic; the American common law methodology has made significant inroads into the operation of the current legal system. Separated from its parenting source by geography, time, and culture, Louisiana civil law has become an ill-defined civilian entity that, in reality, is more of a common law process with civil law trappings. The civil law nonetheless has a …

Symposium: Brown V. Board Of Education And Its Legacy: A Tribute To Justice Thurgood Marshall, Learning Together: Justice Marshall's Desegregation Opinions, Maria L. Marcus

Fordham Law Review

In this Article, Professor Marcus examines the influence of Justice Thurgood Marshall on the Supreme Court's current school desegregation agenda. Justice Marshall was part of the majority in desegregation cases during his earlier years on the high Court subsequently, however, his role became one of dissenter. Professor Marcus analyzes the divisive issues facing the Court in desegregation litigation, Marshall's positions on such issues, and his legacy to the Court in this area. Finally, the Article assesses the vitality of this legacy in light of two Supreme Court decisions issued after Justice Marshall's retirement.

Time For The Security Council To Restructure, Toby D.J. Mendel

Dalhousie Journal of Legal Studies

The core political entity at the United Nations is the Security Council. The Security Council is comprised of five permanent members – the Republic of China, France, the Union of Soviet Socialist Republics (until its demise in 1991), the United Kingdom of Great Britain and Northern Ireland, and the United States of America – and ten non-permanent members elected from the General Assembly for a term of two years. A great deal of power is vested in the Security Council, with special powers accorded to the permanent members. There may well be a need for a small executive group within …

Copyright Protection For Purely Factual Compilations Under Feist Publications, Inc. V. Rural Telephone Service Co.: How Does Feist Protect Electronic Data Bases Of Facts?, Gerard J. Lewis Jr.

Santa Clara High Technology Law Journal

No abstract provided.

A New Corridor For The Maze: Tribal Criminal Jurisdiction And Nonmember Indians, William V. Vetter

American Indian Law Review

No abstract provided.