Digital Commons Network^™

The Creation Of Constitutions In Canada And The United States, Richard S. Kay

Canada-United States Law Journal

Constitutions in Canada and the United States

A Consideration Of Rater Status And Appraisal Format In Law Enforcement Performance Appraisal, Kitty Sellers Boynton

Retrospective Theses and Dissertations

No abstract provided.

In Praise Of State Courts: Confessions Of A Federal Judge, J. Skelly Wright

UC Law Constitutional Quarterly

No abstract provided.

Taxation And Constitutional Law - The Internal Revenue Service Has The Power To Revoke The Tax-Exempt Status Of Private Schools Which Practice Racial Discrimination Due To Religious Belief, Since These Schools Are Not Charitable, And Revocation Does Not Violate The Free Exercise Or The Establishment Clauses Of The First Amendment, James R. Malone Jr.

Villanova Law Review (1956 - )

No abstract provided.

Cjp - An Innovative Concept, Edward F. Zampella, Anita Lapidus

Seton Hall Law Review

No abstract provided.

Public Policy: Contract, Abortion, And The Cia, Paul H. Brietzke

Valparaiso University Law Review

No abstract provided.

A New Export Policy: The Foreign Sales Corporation And State Unitary Taxation Of Foreign Source Income, Reed D. Rubinstein

Michigan Journal of International Law

Part I of this note will examine the structure of the FSC, and analyze its potential benefits in light of the Domestic International Sales Corporation (DISC) tax incentive. Part II discusses the use of the unitary tax as a disincentive to direct foreign investment by U.S. corporations. Finally, Part III outlines the new export policy based upon a combination of the FSC export incentive and state unitary taxation of foreign-source income. If implemented, this policy would increase export production and discourage direct foreign investment, thereby making a substantial contribution to U.S. economic well-being.

A Practical Interpretation Of North Carolina's Comprehensive Plan Requirement, Kenneth G. Silliman

Campbell Law Review

This article offers a practical interpretation of North Carolina's "comprehensive plan" requirement. Although this topic has been frequently analyzed, most other articles have concentrated on criticizing the existing case law and recommending statutory changes. By contrast, this paper is addressed to practicing planners, real estate lawyers and government lawyers who must work within the existing statutory framework. As a basic foundation, the author assumes that legislative changes are unlikely in North Carolina, and instead has attempted to reconcile existing case law with the original rationale for the planning requirement.

Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon

Faculty Scholarship

The assumption that the occupational identification of "lawyer" is the salient feature in evaluating political motivation is interesting, if questionable, according to the Author. Does occupational identity overwhelm other identities? Are politically active lawyers really a homogeneous group? Are they less affected by competing identities associated with wealth, geography, familial and constituency concerns, political ideology, party considerations, or any of the myriad other sources of public and private motivation of behavior? Surely the hypothesis that politically active lawyers behave differently from nonlawyers is worth investigating. This Article offers some preliminary responses to these questions posed, which are grounded in empirical …

The Creation Of Constitutions In Canada And The United States, Richard Kay

Faculty Articles and Papers

No abstract provided.

The Medical Standard Of Care In Mississippi, Edward Cohen

MC Law Review

Comment

A Historical Survey Of The International Regulation Of Propaganda, Elizabeth A. Downey

Michigan Journal of International Law

This article traces international efforts to regulate propaganda through the pre- and post-UN periods, charting its development from a rather peripheral concern of international law to its important role in the currently evolving law of international communication.

Appellate Review Of Lanham Act Violations: Is Likelihood Of Confusion A Question Of Law Or Fact, Brett Thomas Reynolds

SMU Law Review

No abstract provided.

Tunisia's Claims Over Adjacent Seas And The Doctrine Of "Historic Rights", Andrea Gioia

Syracuse Journal of International Law and Commerce

This article examines Tunisia's claims to have "historic rights" to the seas along its coasts.

Ethics, Politics, And Access To Health Care: A Critical Analysis Of The President's Commission For The Study Of Ethical Problems In Medicine And Biomedical And Behavioral Research, Ronald Bayer

Cardozo Law Review

No abstract provided.

Retreating From Plain View: Texas V. Brown, Marian Spitzberg

SMU Law Review

No abstract provided.

Federal Deregulation Of The Busing Industry: Why Is It Not Working In New Jersey?, James J. O'Hara

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Origins Of Canadian Narcotics Legislation: The Process Of Criminalization In Historical Context, Neil Boyd

Dalhousie Law Journal

The year 1972 saw a federal Commission investigating the non-medical use of drugs recommend repeal of the offence of possession of marijuana', an indication that state policy with respect to the social control of psychoactive substances was undergoing a thorough re-appraisal. It is not surprising, then, that the past decade should also have seen a considerable degree of academic interest in Canada's initial attempt to make criminal the citizen's desire to alter consciousness. A comprehensive review of this admirable collection of research reveals that Canada ought not to take pride in these initial efforts. The initial statute has been explained …

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review (1982 - 2011)

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …

Constitutional Law; Foreword: Of Alienage, Judicial Heroes, And Equal Protection, Paul R. Baier

Journal Articles

No abstract provided.

Cogeneration And Small Power Production: Florida's Approach To Decentralized Generation, Jeffrey Fuller

Nova Law Review

The changing economics of electricity generation in the 1970's,

coupled with the 1973-74 oil crisis, prompted both a legislative and

societal examination of the United States' approach to decentralized

electricity production.

The Tuniso-Libyan Continental Shelf Case, Douglas C. Hodgson

Case Western Reserve Journal of International Law

No abstract provided.

Global And Regional Approaches To The Protection And Preservation Of The Marine Environment, Boleslaw Adam Boczek

Case Western Reserve Journal of International Law

No abstract provided.

Book Review, Ellin E. Rosenthal

Case Western Reserve Journal of International Law

No abstract provided.

The Determination Of Occupational Health And Safety Standards In Ontario 1860-1982: From Markets To Politics To...?, Eric Tucker

Articles & Book Chapters

The author reviews the historical development of the decision-making frameworks within which courts and the Legislature have made choices regarding the allocation of risks to health and safety in the workplace. Arguing that this development has been conditioned by the necessity of satisfying in a capitalist democracy conflicting demands to facilitate capital accumulation and to justify to the electorate the manner in which choices regarding the structure of the processes of production have been made, the author contends that recent pressure to adopt cost-benefit analysis to satisfy the demands of legitimation and accumulation, and challenges its adequacy as a normative …

Crying In The Wilderness: Legal, Racial, And Moral Codes In Go Down, Moses, Thadious M. Davis

MC Law Review

Symposium - The Law and Southern Literature

Session Law 84-207, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond

UC Law Journal

In its 1968 decision of Dillon . Legg, the California Supreme Court rejected the majority rule and permitted a bystander who had not been in the zone of physical danger to be compensated for negligent infliction of mental distress. The court held that the defendant owed a duty to allforseeable plaintiffs, and enunciated three guidelines to help courts measure forseeability. Sixteen years later, the meaning and wisdom of the Dillon decision are still debated. The Article first briefly reviews Dillon and its progeny, focusing on the courts' mechanical application of the Dillon guidelines and the inequitable distinctions that have resulted. …

Malpractice In Psychotherapy: Is There A Relevant Standard Of Care ?, Lawrence P. Hampton

Case Western Reserve Law Review

No abstract provided.

Summary Judgment In Copyright: From Cole Porter To Superman, Alan J. Hartnick

Cardozo Arts & Entertainment Law Journal

No abstract provided.