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The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 2], David Vaver Jan 1986

The National Treatment Requirements Of The Berne And Universal Copyright Conventions [Part 2], David Vaver

Articles & Book Chapters

No abstract provided.

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The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert Jan 1986

The Twelve-Person, Unanimous Jury: Does It Have More Than History To Recommend It?, Richard O. Lempert

Articles

My focus today will be on the twelve-person unanimous jury and on the contrasts between such juries and six-person juries or twelve-person juries than can return verdicts by ten-two or nine-three votes. Until about fifteen years ago, it appeared that the sixth and seventh amendments required all federal juries to have twelve members who reached unanimous verdicts, and it appeared possible that the Supreme Court would force the states to conform to the federal standards. Instead, the court did almost the opposite. It sanctioned juries as small as size six in state criminal cases and federal civil cases, and it …

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Civic Virtue And The Feminine Voice In Constitutional Adjudication, Suzanna Sherry Jan 1986

Civic Virtue And The Feminine Voice In Constitutional Adjudication, Suzanna Sherry

Vanderbilt Law School Faculty Publications

What is true of women's writing is also true of women's jurisprudence. This article contends that modern men and women, in general, have distinctly different perspectives on the world and that, while the masculine vision parallels pluralist liberal theory, the feminine vision is more closely aligned with classical republican theory, represented in its various forms by Aristotle, Machiavelli, and Jefferson. A feminine jurisprudence, evident, for example, in the decisions of Justice O'Connor, might thus be quite unlike any other contemporary jurisprudence. Emergence of a feminine jurisprudence might therefore influence whether academic calls for new (or rather recycled) jurisprudential theories based …

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Section 2 Of The Voting Rights Act: An Approach To The Results Test, David L. Eades Jan 1986

Section 2 Of The Voting Rights Act: An Approach To The Results Test, David L. Eades

Vanderbilt Law Review

The fifteenth amendment' guarantees that a citizen's right to vote shall not depend on his or her race. The Voting Rights Act of 1965 (the Act)2 ended nearly a century of congressional acquiescence to obstruction and subversion of that guarantee by certain state and local governments. The Act was remarkably successful in curbing many race-oriented abuses of the electoral process. Despite this success, however, Congress chose to bolster the 1965 Act with the Voting Rights Act Amendments of 1982., The new legislation's most significant feature was the revision of section 2, which contains the Act's blanket prohibition against "discriminatory"voting procedures.

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Administrative Procedure (Annual Survey Of Virginia Law, 1986), John Paul Jones Jan 1986

Administrative Procedure (Annual Survey Of Virginia Law, 1986), John Paul Jones

Law Faculty Publications

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

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Dodging A Bullet, But Opening Old Wounds In Fourth Amendment Jurisprudence, Ronald J. Bacigal Jan 1986

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

Law Faculty Publications

The Court began its opinion in Winston by "putting to one side the procedural protections of the warrant requirement. " The parties agreed that the defendant had received "a full measure of procedural protections"and that the state had met the "ordinary" standard of probable cause for a search. "Notwithstanding the existence of probable cause" and the state's full compliance with the procedures required by the warrant clause, the Court found that the reasonableness clause of the fourth amendment demands "a more substantial justification" than probable cause. The Court viewed this higher level of justification as a substantive requirement of the …

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The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii Jan 1986

The Concept Of Citizenship: Challenging South Africa's Policy, Joe W. (Chip) Pitts Iii

Vanderbilt Journal of Transnational Law

The concept of citizenship has come to represent the full cluster of civil rights held by individuals as members of modern states. Therefore, of all the "reforms" undertaken by South Africa in response to the economic and political instability of the last two years, the most potentially far reaching was State President P. W. Botha's announcement that citizenship would be restored' to South African blacks. In September 1985, Botha affirmed that some form of citizenship would be extended to all South Africans. Finally, on July 2, 1986, the South African government passed The Restoration of South African Citizenship Act."

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Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii. Jan 1986

Government Trade Policy And The Professional Regulation Of Foreign Lawyers, Sydney M. Cone Iii.

Articles & Chapters

This paper discusses United States government trade policy and the regulation of foreign lawyers. Although the expression "trade policy" implies a settled course of action adopted and followed by the United States government, in the area of legal services the formulation of government trade policy has been a rather fortuitous occurrence. Further, while the term "regulation," particularly in the context of the legal profession, suggests a recognizable and ordered system, the rules and procedures for the regulation of foreign lawyers in various jurisdictions do not fall readily into any pattern; instead they appear to be quite random. The regulation of …

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Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel Jan 1986

Debating Conviction Against Conviction — Constitutional Considerations On The Sanctuary Movement, Ruti G. Teitel

Articles & Chapters

No abstract provided.

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Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken Jan 1986

Sanctions Under Amended Federal Rule 11–Some "Chilling" Problems In The Struggle Between Compensation And Punishment, Melissa Lee Nelken

Faculty Scholarship

No abstract provided.

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Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison Jan 1986

Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison

Kentucky Law Journal

No abstract provided.

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Duff: A Life In The Law, Della M. M. Stanley Dec 1985

Duff: A Life In The Law, Della M. M. Stanley

Dalhousie Law Journal

According to Donald G. Creighton wrote, "History is not made by inanimate forces and human automatons: it is made by living men and women ... which can best be understood by that insight into character . . . which is one of the great attributes of literary art."' The form of that literary art is the biography, a synthesis of an individual's life, activities, ideas, attitudes and character, placed within an historical context. The biographer must look beyond the public perception into the private life of his subject in hopes of better understanding and explaining his character and actions. That …

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The Northwest Passage: Arctic Straits, Ted L. Mcdorman Dec 1985

The Northwest Passage: Arctic Straits, Ted L. Mcdorman

Dalhousie Law Journal

This study, being the seventh volume of the International Straits of the World series and written by a distinguished alumnus of this Law School, is designed primarily for the non-Canadian or Arctic-specialist. Past volumes have covered such straits as Malacca and Singapore, the Northeast Arctic, Baltic, Gibraltar and Hormuz and each provide a discussion of the geography, uses and politics regarding the particular strait, as well as, a discussion of the significant legal issues that arise.

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United States V. Maine, Lewis F. Powell Jr. Oct 1985

United States V. Maine, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

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I Saw That It Was Holy: The Black Hills And The Concept Of Sacred Land, Richard Pemberton Jr. Oct 1985

I Saw That It Was Holy: The Black Hills And The Concept Of Sacred Land, Richard Pemberton Jr.

Minnesota Journal of Law & Inequality

No abstract provided.

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Constitutional Law Oct 1985

Constitutional Law

South Carolina Law Review

No abstract provided.

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International Practice And Comparative Legal Studies, Richard J. Cummins Sep 1985

International Practice And Comparative Legal Studies, Richard J. Cummins

Journal of Legal Education

No abstract provided.

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Resource Law Notes Newsletter, No. 6, Sept. 1985, University Of Colorado Boulder. Natural Resources Law Center Sep 1985

Resource Law Notes Newsletter, No. 6, Sept. 1985, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

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Interstate Banking: Myth And Reality, H. Rodgin Cohen Sep 1985

Interstate Banking: Myth And Reality, H. Rodgin Cohen

Loyola of Los Angeles Law Review

No abstract provided.

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Voluntary Affirmative Action Plans In Public Education: Anticipating A Supreme Court Decision, Monique Clague Jul 1985

Voluntary Affirmative Action Plans In Public Education: Anticipating A Supreme Court Decision, Monique Clague

The Journal of Law and Education

No abstract provided.

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Majority Rule, Minority Rights, And The Right To Vote: Reflections Upon A Reading Of Minority Vote Dilution, Philip P. Frickey Jul 1985

Majority Rule, Minority Rights, And The Right To Vote: Reflections Upon A Reading Of Minority Vote Dilution, Philip P. Frickey

Minnesota Journal of Law & Inequality

No abstract provided.

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Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr. Jun 1985

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.

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Law As A Social Science, R. Lynn Campbell Jun 1985

Law As A Social Science, R. Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …

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Sovereign Immunity And The Discretionary Function Exception Of The Alaska Tort Claims Act, Marcia Swihart Orgill, Bellanne Meltzer Toren Jun 1985

Sovereign Immunity And The Discretionary Function Exception Of The Alaska Tort Claims Act, Marcia Swihart Orgill, Bellanne Meltzer Toren

Alaska Law Review

No abstract provided.

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Resource Law Notes Newsletter, No. 5, May 1985, University Of Colorado Boulder. Natural Resources Law Center May 1985

Resource Law Notes Newsletter, No. 5, May 1985, University Of Colorado Boulder. Natural Resources Law Center

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

No abstract provided.

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The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos May 1985

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.

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Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad Apr 1985

Pretextual Fourth Amendment Activity: Another Viewpoint, James B. Haddad

University of Michigan Journal of Law Reform

Pretextual detentions, arrests, and searches pose knotty fourth amendment problems. With an air of plausibility, defense attorneys often accuse police of pretextual use of arrest warrants, search warrants, and various exceptions to the warrant requirement. Specifically, they contend that officers have utilized a particular fourth amendment doctrine to obtain certain evidence even though courts have not assigned as a reason for approving the doctrine the need to discover such evidence.

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Vol. 8 No. 2 (1985): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Apr 1985

Vol. 8 No. 2 (1985): 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 …

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The Dialectic Of Duplicity: Treaty Conflict And Political Contradiction, Guyora Binder Apr 1985

The Dialectic Of Duplicity: Treaty Conflict And Political Contradiction, Guyora Binder

Buffalo Law Review

When a state undertakes conflicting treaty obligations are both treaties binding, or is the second precluded by the first? International lawyers have traditionally held opposing views on this question. This article, the first on the topic, provides a comprehensive analysis and critique of the treaty conflict problem, and offers a political theoretic explanation for its persistent intractability. According to this explanation, opposing views of the power of states to incur international commitments reflect opposing views of the normative basis for state sovereignty and the scope of state autonomy. One view proceeds from an imperial model of sovereignty, articulated by Bodin …

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Vol. 8 No. 2 (1985): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Apr 1985

Vol. 8 No. 2 (1985): 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 …

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