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Vol. 37, No. 19, February 22, 1989, University Of Michigan Law School

Res Gestae

•MLR,JLR Name Editors •Bollinger Announces New Faculty Appointment •Black History Month Seeks Inclusion •Glimmers of Truth •Is this What We Fought for? •The NRA: Beyond the Lunatic Fringe •Practice What You Preach •Playing Politics with Environmental Disaster •The Richness of Black History •Perspectives on Western Civilization •LSSS Argues Over Committee Staffing Rules •Classifieds •Crossword •To the Finals! •Law in the Raw

Newsletter - 1989-02-02, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

The Question's Not Clear, But Party Government Is Not The Answer, Erwin Chemerinsky

William & Mary Law Review

No abstract provided.

Hegel And Employment At Will: A Comment, Richard A. Posner

Articles

No abstract provided.

Science, Freedom Of Conscience And The Establishment Clause, Kyron Huigens

Seattle University Law Review

The Constitution presupposes no Supreme Being, institutes no particular truth and contemplates a legal order that is similarly open. The establishment clause maintains constitutional democracy on those terms by invalidating any encroachment on freedom of conscience which religion wielding the power of the state can devise. This Article is an extended defense of that strong conception of the establishment clause. It is in part a reply to those, like Louisell, who have argued that strict construction theories of the clause "establish" something called "The Religion of Secular Humanism." It is in part an attack on the idea that the establishment …

Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg

Scholarly Articles

This Article examines various national regulatory systems that govern television programming, their impact on the vitality and diversity of the entertainment program market, and their ability to withstand forces for change.

The Role Of The Canadian Government In Encouraging Innovation, Robert G. Blackburn

Canada-United States Law Journal

No abstract provided.

The People Aspects Of Innovation: Analysis Of The Relationships Between U.S. Business Entities And Their Employee And Non-Employee Innovators And Inventors, Arthur J. Schwab

Canada-United States Law Journal

No abstract provided.

Unemployment In Japan's Declining Industries: A Re-Evaluation Of Japanese Employment Adjustment Policy, Susan N. Duke

Penn State International Law Review (1982 - 2011)

Is Japan really out-maneuvering the West in post-industrial development? This Comment examines the down-side of economic progress by focusing on how Japan has addressed employment disruptions in the declining industries, such as steel, textiles, and electronic computers. Employment adjustment legislation and the Japanese government's past performance in creating and implementing employment adjustment policy are re-evaluated.

National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park

Faculty Scholarship

The law chosen to govern the merits of an international contract dispute does not always lead to results hat satisfy an arbitrator's personal sense of what is right. The arbitrator therefore may be tempted to resolve the dispute according to his own notion of justice. Seduced away from the rules of the otherwise applicable law, the arbitrator may take on unauthorized powers of amiable composition. While most international arbitrators are conscientious in respecting the bounds of their mission, some have been known to boast of their skill in finding ways to bypass the established rules of the party-chosen law. …

Symposium: The U.S.-Japanese Trade Relationship: An Interdisciplinary Approach To The 1990'S: Roundtable Discussion

Cornell International Law Journal

No abstract provided.

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

Articles

Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court and …

Book Review Of The Naacp's Legal Strategy Against Segregated Education, 1925-1950, John Cary Sims

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950. By Mark V. Tushnet. Chapel Hill, N.C.: The University of North Carolina Press. 1987. Pp. xiv, 166. Reviewed by: John Cary Sims.

Book Review Of The Tenth Justice, Brian K. Landsberg

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of The Tenth Justice. By Lincoln Caplan. New York, N.Y.: Alfred E. Knopf. 1987. Pp. x, 340. Reviewed by: Brian K. Landsberg.

Aids And Discrimination In The United States: Reflections On The Nature Of Prejudice In A Virus, Mary C. Dunlap

Villanova Law Review (1956 - )

No abstract provided.

Risky Business: Age And Race Discrimination In Capital Redeployment Decisions, Marley S. Weiss

Maryland Law Review

No abstract provided.

Voter Standing: A New Means For Third Parties To Challenge The Tax-Exempt Status Of Nonprofit Organizations, Joanne L. Dunec

UC Law Constitutional Quarterly

No abstract provided.

In Search Of Bigfoot: The Common Law Origins Of Article X, Section 2 Of The California Constitution, Brian E. Gray

UC Law Constitutional Quarterly

No abstract provided.

Preface, John N. Rupp

Seattle University Law Review

No abstract provided.

Gatt--Legal Application Of Safeguards In The Context Of Regional Trade Arrangements And Its Implications For The Canada-United States Free Trade Agreement, Ruth E. Olson

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Political Asylum And The Theory Of Judicial Review, Stephen H. Legomsky

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Airline Deregulation Ten Years After: Something Foul In The Air, Andrew R. Goetz, Paul Stephen Dempsey

Journal of Air Law and Commerce

No abstract provided.

Canada's Sovereignty Over The Northwest Passage, Donat Pharand

Michigan Journal of International Law

In 1968, when this writer published "Innocent Passage in the Arctic," Canada had yet to assert its sovereignty over the Northwest Passage. It has since done so by establishing, in 1985, straight baselines around the whole of its Arctic Archipelago. In August of that year, the U. S. Coast Guard vessel Polar Sea made a transit of the Northwest Passage on its voyage from Thule, Greenland, to the Chukchi Sea. Having been notified of the impending transit, Canada informed the United States that it considered all the waters of the Canadian Arctic Archipelago as historic internal waters and that a …

Obituary For William Robert Derrick Sewell 1931-1987, Harold D. Foster

Natural Resources Journal

No abstract provided.

Law-Givers, Story-Tellers, And Dubin’S Legal Heroes: The Emerging Dichotomy In Legal Ethics (Video Review), Vincent R. Johnson

Faculty Articles

Two camps have begun to emerge from the rich ferment in legal ethics teaching and scholarship over the last twenty years. The first group, whose members might be termed “law-givers,” consists of those who view legal ethics as chiefly concerned with the identification, transmission, and enforcement of uniform standards governing the conduct of lawyers. The second group—considerably smaller, but increasingly well-defined—might be called the “story-tellers.” The story-tellers place a higher value on persons and context than on principles and procedures, and on the cultivation of a deeper, less mechanical sense of professionalism than detailed rules can provide.

Larry Dubin’s most …

Roscoe Pound And American Sociology: A Study In Archival Frame Analysis, Sociobiography And Sociological Jurisprudence, Michael R. Hill

Department of Sociology: Dissertations, Theses, and Student Research

Roscoe Pound (1870-1964) was a noted botanist, jurist, and sociologist who founded the American school of sociological jurisprudence. Pound's sociological ideas originated at the University of Nebraska. Pound developed numerous ties to other sociologists, joined the American Sociological Society, and published in the American Journal of Sociology. Pound's modern erasure from sociological chronicles is attributed in part to hegemonic processes. The collection of archival data for this study in the history of sociology is generalized (by extending Erving Goffman's metatheory of meaning) as "archival frame analysis." Pound's intellectual milieu is analyzed using Mary Jo Deegan's theory of "core codes" …

Information And Environmental Legislation, E. N. Lisitsyn

Connecticut Journal of International Law

Research and collection of data concerning the relationship between nature and society are essential to a scientific formulation of the ecological policies of the modern state. States must document ecological trends and undertake specialized studies within each branch of the natural or social sciences, and develop an integrated knowledge of the ecologically lawful behavior of economic subjects, individuals and all of society. By assembling this information, a state can determine an ecological norm that will create and maintain a socio-ecological and natural equilibrium. An optimal legal norm can be established only when all the advancements in the social, natural and …

The Cognitive Dimension Of The Agon Between Legal Power And Narrative Meaning, Steven L. Winter

Law Faculty Research Publications

No abstract provided.

The Importance Of Not Being Ernest, Allan C. Hutchinson

Articles & Book Chapters

Formalists have long tried to develop a legal theory, based on the internal rationality of law, which would free it from the influences of instrumentality and ideology. Focussing on the philosophical proposals of Ernest Weinrib, the author argues that this goal is both illusory and undesirable. Weinrib's theory assumes rather than proves the existence of this rationality, which is simply defined as an interrelationship between form and content. In order to maintain the coherence of this fragile relationship, Weinrib is either forced to articulate his theory on such a level of abstration so as to be irrelevant or to reintroduce …

Chapter 5: Children's Rights

Women's Annotated Legal Bibliography

Education — p. 31

Sex Education — p. 33

Free Speech — p. 33

Handicapped Children — p. 35

Juveniles and the Law — p. 36

Foster Care — p. 39

General — p. 39