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On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin Frsc Jan 1990

On The Road To Radical Reform: A Critical Review Of Unger's Politics, Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Two aims drive this essay. The first is to provide the reader with an accessible, yet relatively comprehensive, introduction to Roberto Mangabeira Unger's social and legal theory. The second aim is to evaluate the strengths and weaknesses of Unger's most recent scholarship and to make some suggestions as to where he goes awry. In particular, the author draws several parallels between the Ungerian enterprise and that of some feminists. The central motivation of the essay is to keep the critical conversation between male radicals and feminists open. To this end, the author posits the possibility of mutually beneficial contributions.


Dual Banking And State Bank Insurance Powers: Diversifying Financial Services Through The Back Door, Michael E. Schrader Jan 1990

Dual Banking And State Bank Insurance Powers: Diversifying Financial Services Through The Back Door, Michael E. Schrader

Indiana Law Journal

No abstract provided.


Earth Movement Claims Under All Risk Insurance: The Rules Have Changed In California, Brian Mattis Jan 1990

Earth Movement Claims Under All Risk Insurance: The Rules Have Changed In California, Brian Mattis

Santa Clara Law Review

No abstract provided.


The Role Of The Commission Secretary, David M. Grenville Jan 1990

The Role Of The Commission Secretary, David M. Grenville

Dalhousie Law Journal

Royal commissions of inquiry are generally set up to address an urgent public concern that is almost certainly politically sensitive. The task that they are given to do is not an easy one, and they are expected to deal with it competently, economically and, above all, expeditiously. Inevitably, some controversy will be generated by their activities as they operate under intense public scrutiny. There are, in fact, two kinds of inquiries: one is the quasijudicial investigation which has as its purpose to establish the facts and to determine whether any act was contrary to the law or the public interest, …


Litigation Across Space And Time: Courts, Conflict, And Social Change, David M. Engel Jan 1990

Litigation Across Space And Time: Courts, Conflict, And Social Change, David M. Engel

Journal Articles

One of the problems facing researchers who have studied courts across time and space has been the cultural variability of seemingly uniform analytic categories, including conceptions of time and space themselves. This article proposes that we take such variations in meaning as a starting point for comparative studies of courts and social change rather than viewing them as were "noise" in the system. Litigation in Chiangmai, Thailand, is presented as an example. Changing conceptions of "space" in Thailand from the nineteenth century to the present illustrate the transformation of legal and political authority as well as the proliferation of normative …


Extradition To A State That Imposes The Death Penalty, Sharon A. Williams Jan 1990

Extradition To A State That Imposes The Death Penalty, Sharon A. Williams

Articles & Book Chapters

This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.


The Reservation As Place: A South Dakota Essay, Frank Pommersheim Jan 1990

The Reservation As Place: A South Dakota Essay, Frank Pommersheim

Faculty Publications

No abstract provided.


The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya Jan 1990

The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

Publications

No abstract provided.


Sandy City, A Municipal Corporation V. Salt Lake County, A Political Subdivision Of The State Of Utah, And The Salt Lake County Planning Commission : Brief Of Appellant, Utah Supreme Court Jan 1990

Sandy City, A Municipal Corporation V. Salt Lake County, A Political Subdivision Of The State Of Utah, And The Salt Lake County Planning Commission : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

BRIEF OF APPELLANT ON WRIT OF CERTIORARI FROM A DECISION OF A PANEL OF THE UTAH COURT OF APPEALS AFFIRMING DISMISSAL BY THE THIRD DISTRICT COURT.


Sandy City, A Municipal Corporation V. Salt Lake County, A Political Subdivision Of The State Of Utah, Salt Lake County Planning Commission, K. Delyn Yeates, R. Scott Priest, W. Scott Kjar, Steven E. Smoot, Prosteroblecker, Inc. And Cheveron U.S.A., Inc. : Petition For Writ Of Certiorari, Utah Supreme Court Jan 1990

Sandy City, A Municipal Corporation V. Salt Lake County, A Political Subdivision Of The State Of Utah, Salt Lake County Planning Commission, K. Delyn Yeates, R. Scott Priest, W. Scott Kjar, Steven E. Smoot, Prosteroblecker, Inc. And Cheveron U.S.A., Inc. : Petition For Writ Of Certiorari, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

FOR REVIEW OF A DECISION OF A PANEL OF THE UTAH COURT OF APPEALS AFFIRMING DISMISSAL OF THIS ACTION BY THE TRIAL COURT


New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder Jan 1990

New Direction For Preservation Law: Creating An Environment Worth Experiencing, Douglas O. Linder

Faculty Works

No abstract provided.


The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet Jan 1990

The Uneasy Decriminalization: A Perspective On Dutch Drug Policy, Henk Jan Van Vliet

Hofstra Law Review

No abstract provided.


Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison Jan 1990

Context, Properties, And Constitutionality Of Nonconsensual Arbitration: A Study Of Four Systems, The, John R. Allison

Journal of Dispute Resolution

The purpose of this article is to analyze the context, properties, and constitutionality of these instances of nonconsensual arbitration. Although FIFRA data arbitration and the constitutional challenges to which it has been subjected will receive the most extensive study, the other examples also will be explored in some detail. It is first necessary, however, to lay some groundwork. Each of the nonconsensual arbitration systems to be studied, including FIFRA data arbitration, draws the inspiration for its design and operation from contract-based commercial arbitration. To aid in the understanding of the former, Part II discusses the fundamental nature and legal framework …


On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker Jan 1990

On Redrawing Circuit Boundaries — Why The Proposal To Divide The United States Court Of Appeals For The Ninth Circuit Is Not Such A Good Idea, Thomas E. Baker

Faculty Publications

The current U.S. Court of Appeals for the 9th Circuit covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, Washington, Guam and the Northern Mariana Islands. Nearly 46 million people live within its boundaries. As a result, the 9th Circuit has the largest caseload and takes the most time of any federal circuit court to dispose of cases. Despite all of this, Professor Baker lays out his argument for why dividing the 9th Circuit is wrong-headed. He starts by giving a detailed history of U.S. circuit courts, including the recent experience of splitting the 5th Circuit. He then takes on …


Rings And Promises, Margaret F. Brinig Jan 1990

Rings And Promises, Margaret F. Brinig

Journal Articles

The diamond ring rapidly changed from a relatively obscure token of affection to what amounted to an American tradition. It is customary to explain such a shift in demand in terms of an increase in income, a change in relative prices, or a change in tastes. This assumes a stable legal setting that contracts are enforceable. But if the enforceability of a contract is problematic, what formerly was a relatively costly (hence unused) form of private ordering may become more viable (Kronman: 5). This paper looks at the change in America's demand for diamonds during the period 1930-1985, not as …


The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman Jan 1990

The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman

Faculty Articles

This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.


Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker Jan 1990

Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker

Faculty Publications

No abstract provided.


Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse Jan 1990

Japan, Sii And The International Harmonization Of Domestic Economic Practices, Gary R. Saxonhouse

Michigan Journal of International Law

The Structural Impediments Initiative ("SII") discussions, the first stage of which concluded with a report on June 28 of last year, have been heralded as a new departure in international economic relations. Instead of talking about the removal of barriers at national borders, the United States and Japan have been discussing the relationship between international trade, international payments balances and domestic economic institutions. Trade negotiators have been exploring whether the harmonization of domestic economic institutions can allow for more intimate as well as more balanced economic relations between the United States and Japan. Concern with the international harmonization of institutions …


The Ec: A Hungarian View Toward 1992, Bela Kadar Jan 1990

The Ec: A Hungarian View Toward 1992, Bela Kadar

Case Western Reserve Journal of International Law

No abstract provided.


Cumulative Subject Index To Volumes 1-21, Index Jan 1990

Cumulative Subject Index To Volumes 1-21, Index

Case Western Reserve Journal of International Law

No abstract provided.


Introduction And History Of The Canada-United States Law Institute, Sidney Picker Jr. Jan 1990

Introduction And History Of The Canada-United States Law Institute, Sidney Picker Jr.

Canada-United States Law Journal

No abstract provided.


A Tale Of Two Copyrights: Literary Property In Revolutionary France And America, Jane C. Ginsburg Jan 1990

A Tale Of Two Copyrights: Literary Property In Revolutionary France And America, Jane C. Ginsburg

Faculty Scholarship

The French and U.S. copyright systems are well known as opposites. The product of the French Revolution, French copyright law is said to enshrine the author: exclusive rights flow from one's (preferred) status as a creator. For example, a leading French copyright scholar states that one of the "fundamental ideas" of the revolutionary copyright laws is the principle that "an exclusive right is conferred on authors because their property is the most justified since it flows from their intellectual creation." By contrast, the U.S. Constitution's copyright clause, echoing the English Statute of Anne, makes the public's interest equal, if not …


Reflections On Commission Research, Alan C. Cairns Jan 1990

Reflections On Commission Research, Alan C. Cairns

Dalhousie Law Journal

This paper explores the role of research in royal commissions. It is based primarily on my experience as one of three research directors for the Royal Commission on the Economic Union and Development Prospects for Canada, popularly known as the Macdonald Commission. Since royal commissions appear in many guises, much of what I say may not apply to other commissions. In general, my remarks are more applicable to those commissions that give advice on significant public policy matters than to more narrowly investigative commissions set up in response to allegations of corruption or scandal in government or to determine the …


Enterprise Zones: A Decade Of Diversity, Michael Allan Wolf Jan 1990

Enterprise Zones: A Decade Of Diversity, Michael Allan Wolf

Law Faculty Publications

A full decade has passed since Enterprise Zones (EZs) were first proposed as a program to help revive the most depressed pockets of America's cities and towns. Activity on the federal level pales in comparison to the impressive variety of approaches found in states throughout the country. In this "second generation of enterprise zones" --that is, state zones in operation-we can observe some marked shifts away from original EZ theory, some impressive and innovative techniques, and some glaring weaknesses. The agenda for the next few years, as American EZs continue to evolve (perhaps complemented soon by a substantive federal program), …


Using Water Naturally, Holmes Rolston, Iii, University Of Colorado Boulder. Natural Resources Law Center Jan 1990

Using Water Naturally, Holmes Rolston, Iii, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

[ii], 26 p. ; 28 cm


Pure Politics, Girardeau A. Spann Jan 1990

Pure Politics, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

The present Supreme Court has been noticeably unreceptive to legal claims asserted by racial minorities. Although it is always possible to articulate nonracial motives for the Court's civil rights decisions, the popular perception is that a politically conservative majority wishing to cut back on the protection minority interests receive at majority expense now dominates the Supreme Court. In reviewing the work of the Court during its 1988 Term, The United States Law Week reported that "[a] series of civil rights decisions by a conservative majority of the U.S. Supreme Court making it easier to challenge affirmative action programs and more …


Constitutional Law - Equal Protection - Indigent Public School Students Denied Free Ride - Kadrmas V. Dickinson Pub. Schools, 108 S. Ct. 2481 (1988)., Robert Anthony Burke Dec 1989

Constitutional Law - Equal Protection - Indigent Public School Students Denied Free Ride - Kadrmas V. Dickinson Pub. Schools, 108 S. Ct. 2481 (1988)., Robert Anthony Burke

Seton Hall Law Review

No abstract provided.


Custom, Pluralism, And Realism In Vanuatu: Legal Development And The Role Of Customary Law, David Weisbrot Nov 1989

Custom, Pluralism, And Realism In Vanuatu: Legal Development And The Role Of Customary Law, David Weisbrot

Pacific Studies

No abstract provided.


Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld Nov 1989

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

Minnesota Journal of Law & Inequality

No abstract provided.


Financing Education In Minnesota: Equity And Constitutionality Questions Raised By State Referendum Levy, Jack Y. Perry Nov 1989

Financing Education In Minnesota: Equity And Constitutionality Questions Raised By State Referendum Levy, Jack Y. Perry

Minnesota Journal of Law & Inequality

No abstract provided.