Digital Commons Network^™

What Makes Rape A Crime?, Lynne Henderson

Scholarly Works

No abstract provided.

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.

One Hundred Fifty Cases Per Year: Some Implications Of The Supreme Court's Limited Resources For Judicial Review Of Agency Action, Peter L. Strauss

Faculty Scholarship

Recent writing about the Supreme Court has stressed the implications of the extraordinary growth in the Court's docket – and, even more, the growth in the overall level of judicial activity in the nation's courts – for its performance of its judicial task. Generally, this writing seeks first to determine whether the Court has been forced to bypass questions it ought normally to hear (for example, square conflicts between two of the federal circuits), editorializes about the increasing bureaucratization of the Court, and passes on to normative questions about what if anything ought to be done to ease the Court's …

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Tax Policy For Lovers And Cynics: How Divorce Settlement Became The Last Tax Shelter In America, C. Garrison Lepow

Notre Dame Law Review

No abstract provided.

The Social Science Evidence On Bilingual Education, Christine H. Rossell, J. Michael Ross

The Journal of Law and Education

No abstract provided.

The Opinion Volume 27 Number 3 – October 1, 1986, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 1, 1986

State Aid To Religious-Affiliated Schools: A Political Analysis, Mark P. Gibney

William & Mary Law Review

No abstract provided.

The Forum (Volume 17, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

A Simple Solution For The Thorny Problem Of Park Protection: Focusing On Alternatives, David Mastbaum

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

116 pages (includes illustrations).

Contains footnotes and references.

Contains 3 attachments:

1) Article titled, "No Park Is an Island: A Simple Solution for the Thorny Problem of Park Protection," by David Mastbaum, from Resource Law Notes, Natural Resources Law Center.

2) Paper titled, "National Park Service War Work: December 7, 1941 to June 30, 1944" prepared by National Park Service.

3) Paper titled, "An Alternative to the Allen-Warner Valley Energy System: A Technical and Economic Analysis," by The Environmental Defense Fund, July 1980.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Resource Law Notes Newsletter, No. 9, Aug. 1986, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.

Some Questions For Republicans, Don Herzog

Articles

Even a sleepy historiographer of political theory of some future day will notice the most dramatic revision of the last 25 years or so. I refer of course to the discovery-and celebration-of civic humanism. The devilish Machiavelli of Elizabethan times has been gently set aside for "the divine Machiavel," the one who writes, "I love my native city more than my soul." And historians of political thought have lovingly traced the transmission of civic humanism from Florence to England and America, giving us a brand new past. America, we now know, was not the unthinkingly Lockean land served up by …

Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal

Seton Hall Law Review

No abstract provided.

Regional Reciprocal Banking Laws: Constitutional, But What Next?, C. Timothy Gray

Florida State University Law Review

No abstract provided.

Territorial Claims In Antarctica: A Modern Way To Deal With An Old Problem, Benedetto Conforti

Cornell International Law Journal

No abstract provided.

Foreword: Issues In Responsibility, Martin P. Golding

Law and Contemporary Problems

No abstract provided.

Vol. 9 No. 3 (1986): 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 …

Vol. 9 No. 3 (1986): 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 …

Primer On Trade Finance: Export Drafts, Letters Of Credit, And Banker's Acceptances, Michael Sandler, Barbara Di Ferrante

North Carolina Journal of International Law

No abstract provided.

The Seat Belt Defense And North Carolina's New Mandatory Usage Law, Cheryl Lynn Daniels

North Carolina Law Review

No abstract provided.

Farmland And Open Space Preservation In Michigan: An Empirical Analysis, Sandra A. Hoffmann

University of Michigan Journal of Law Reform

Part I of this Note describes the political and economic conditions that gave rise to the farmland and open space preservation enactments. It presents a brief political history of the support for this body of legislation and summarizes the economic arguments raised both for and against these preservation efforts. Part II describes the principal types of state farmland and open space preservation programs enacted during the past thirty years. Finally, Part III presents an empirical analysis of P.A. 116.

Freedom From Abuse: One Of The Human Rights Of Children, Cynthia Price Cohen

University of Dayton Law Review

No abstract provided.

Georges Bank--Common Ground Or Continued Battleground--Comparative Marine Resource Management And Environmental Assessment In The United States And Canada, Donna R. Christie

San Diego Law Review

This Article examines the United States and Canadian legal frameworks for marine resource management in the area of the Bay of Fundy, Gulf of Maine, and Georges Bank. The author argues that, while the controversies between the United States and Canada concerning boundaries, fish, and transboundary environmental effects of energy development have existed for almost two centuries, current environmental problems are straining the relations between the two countries. The author presents a comparative analysis of the environmental assessment and the marine fisheries management and outer continental shelf development regimes of the United States and Canada, addresses the prospects for the …

United States Jurisdiction Over The 200-Mile Maritime Zone, Kathleen L. Walz, L. Poe Leggette

San Diego Law Review

This Article examines the issue of the United State's exertion of jurisdiction over the continental shelf, with specific focus on the recent Department of Interior opinion, which provides that the Department has leasing authority with respect to the mineral resources of the "outer Continental Shelf," as defined by the Outer Continental Shelf Lands Act. The authors examine the two sources of law that determine the extent of United States jurisdiction and control over the seabed, customary international law and treaties and conventions binding upon the United States. The authors conclude that the United States' exercise of jurisdiction under this opinion …

The Management Function Of Ocean Boundaries, Kenneth P. Beauchamp

San Diego Law Review

This Article discusses the nature of spatial and functional zones in the ocean, and their relation to the purposes of coastal-state and international jurisdictions. The author argues that advances in ocean technology, growing requirements for marine resources, and an increasing number of ocean users, have created the need for a functional and managerial approach to the exploitation of offshore resources and the use of ocean space. The author further argues that the boundaries which man has set in the ocean have generally inhibited such a development, because they carry with them an idea of separation or divisiveness, which has been …

The Soviet Doctrine Of The Closed Sea, Joseph J. Darby

San Diego Law Review

This Article examines the Soviet Union's doctrine of the closed sea, under which the warships of all nonlittoral countries of certain designated peripheral seas would have no right to enter and navigate on those seas. The author analyzes the development of this doctrine and analyzes its application of this doctrine to the Black Sea, in light of recent historical developments and developments in the Law of the Sea.

The Doctrine Of Historic Bays: Applying An Anachronism In The Alabama And Mississippi Boundary Case, James Michael Zimmerman

San Diego Law Review

This Comment examines the recent decision of the Supreme Court in the Alabama and Mississippi Boundary Case, in which the Court held that the Mississippi Sound was part of inland waters, and not the territorial sea. The author analyzes the historical development of the delimitation of bays and the development of the Submerged Lands Act. The author further discusses the application of the doctrine of historic bays to domestic disputes and argues that the Court's basis for its decision is questionable due to the imprecise nature of the doctrine.

Economic Impact Studies And Negative Declarations By The Illinois Department Of Energy And Natural Resources In Rulemaking Proceedings Before The Illinois Pollution Control Board, Michael P. Hurst

Chicago-Kent Law Review

No abstract provided.