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Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese Jan 1983

Offshore Jurisdiction And Federal-State Relations: The 12 Nautical Mile Territorial Sea And The Tidelands Controversy, Jeremy D. Wiese

Marine Affairs Theses and Major Papers

Recently, after several decades of negotiations, the United States, acting through the President, opted not to sign the United Nations Law of the Sea Treaty. In the aftermath of this decision those individuals involved with marine affairs are beginning to examine the Treaty's separate provisions to ascertain those which the U.S. may embrace under the auspices of customary international law. To date, this examination has led to a Presidential Proclamation generating an Exclusive Economic Zone for the U.S. Jurisdictionally, the next logical step would be U.S. adoption of the 12 nautical mile limit for its territorial sea. Indeed, movement in …


Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner Jan 1983

Will The Federal Courts Of Appeals Survive Until 1984?: An Essay On Delegation And Specialization Of The Judicial Function, Richard A. Posner

Articles

No abstract provided.


U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher Jan 1983

U.S. Foreign Policy, 1959-80: Impact On Refugee Flow From Cuba, John Scanlan, Gilburt Loescher

Articles by Maurer Faculty

Migration from Cuba to the United States since Castro assumed power, and the haracterization of those leaving as refugees, have been strongly affected by U.S. foreign policy concerns. During the 1959-62 migration wave, particularly prior to the failure of the Bay of Pigs invasion, Cubans were welcomed as temporary exiles, likely to topple Castro and return home. The second major migration wave began in 1965, in the midst of a U.S. campaign for systematically isolating and economically depriving Cuba and its citizens. When thousands of those citizens left Cuba, primarily to improve their economic circumstances and rejoin family members, they …


United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds Jan 1983

United States/Common Market Agricultural Trade And The Gatt Framework, Simon Dodds

Northwestern Journal of International Law & Business

The Western World is suffering from its worst recession since the depression of the 1930s. While many nations have been successful in reducing inflation, the level of unemployment continues to rise appreciably. Western governments have shielded domestic industries from foreign competition in an effort to preserve jobs. Political pressures have prompted those governments to fix the blame for their countries' economic ills on foreign culprits. They have turned away from international free trade and sought political salvation in protectionist policies. The international economic system has undergone severe strain.


Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens Jan 1983

Japanese Labor Relations And Legal Implications Of Their Possible Use In The United States, Marcia J. Cavens

Northwestern Journal of International Law & Business

Current economic conditions have led many United States companies to search for ways of regaining competitive positions in international markets. Japan's enviable succes in international trade suggests several possible remedies, one of which is development of more harmonious labor-management relations. Some commentators have opposed the application of these cooperative labor practices in the United States, claiming that cultural differences are insurmountable. Japanese-style labor relations, however, have been implemented in the United States, either by conscious imitation, or though similar, domestically developed systems termed quality of worklife and participative management programs. Speculations about and experiments with Japanese labor relations have become …


The Honorable Bruce F. Beilfuss, Chief Justice, Wisconsin Supreme Court (1976-1983), Robert F. Boden Jan 1983

The Honorable Bruce F. Beilfuss, Chief Justice, Wisconsin Supreme Court (1976-1983), Robert F. Boden

Marquette Law Review

No abstract provided.


Appellate Delay And Cost - An Ancient And Common Disease: Is It Intractable, Alvin R. Rubin, Gilbert Ganucheau Jan 1983

Appellate Delay And Cost - An Ancient And Common Disease: Is It Intractable, Alvin R. Rubin, Gilbert Ganucheau

Maryland Law Review

No abstract provided.


Death Of Conflicts, Mary Jane Morrison Jan 1983

Death Of Conflicts, Mary Jane Morrison

Villanova Law Review (1956 - )

No abstract provided.


Deterrence Processes As Minimal Order, Harry H. Almond Jr. Jan 1983

Deterrence Processes As Minimal Order, Harry H. Almond Jr.

NYLS Journal of International and Comparative Law

No abstract provided.


On Honoring Picket Lines: A Revisionist View, Paul N. Cox Jan 1983

On Honoring Picket Lines: A Revisionist View, Paul N. Cox

Valparaiso University Law Review

No abstract provided.


Robert E. Conot, Justice At Nuremberg, Chris Kirkwood Jan 1983

Robert E. Conot, Justice At Nuremberg, Chris Kirkwood

Valparaiso University Law Review

No abstract provided.


The Ambiguity Of Equity In International Law, Mark Weston Janis Jan 1983

The Ambiguity Of Equity In International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


State Antitrust In The Federal Scheme, Herbert Hovenkamp Jan 1983

State Antitrust In The Federal Scheme, Herbert Hovenkamp

Indiana Law Journal

No abstract provided.


Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn Jan 1983

Modifying The New York State Public School Financing Formula After Levittown, Elizabeth M. Flinn

Fordham Urban Law Journal

Spending on public education is primarily an obligation of state legislature and local school districts in the United States. Legislatures determine not only the amount of education spending, but also how much money is to be given to specific school districts. As a result, there have been growing discrepancies over how much financial assistance one district will have over another, leaving children from poor and fiscally overburdened districts at a disadvantage. This Note focuses on the New York case, Levittown v. Nyquist, as well as the New York funding formula, and ultimately recommends adoption of a school finance system that …


Fourth Amendment--Steering Away From Automobile Detention Precedents To Justify Warrantless Searches Of Pleasure Boats In Inland Waters, David L. Bialosky Jan 1983

Fourth Amendment--Steering Away From Automobile Detention Precedents To Justify Warrantless Searches Of Pleasure Boats In Inland Waters, David L. Bialosky

Journal of Criminal Law and Criminology

No abstract provided.


Accountants And Restrictive Covenants: The Client Commodity, Stuart L. Pachman Jan 1983

Accountants And Restrictive Covenants: The Client Commodity, Stuart L. Pachman

Seton Hall Law Review

No abstract provided.


The Windfall Profit Tax Exposed., J. Matthew Dow Jan 1983

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.


Maritime Aviation Deaths, Calvin F. David Jan 1983

Maritime Aviation Deaths, Calvin F. David

Journal of Air Law and Commerce

No abstract provided.


Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii Jan 1983

Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.


The Feres Doctrine: Should It Continue To Bar Ftca Actions By Servicemen Who Are Injured While Involved In Activities Incident To Their Service, Steven R. Smith Jan 1983

The Feres Doctrine: Should It Continue To Bar Ftca Actions By Servicemen Who Are Injured While Involved In Activities Incident To Their Service, Steven R. Smith

Journal of Air Law and Commerce

No abstract provided.


Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing Jan 1983

Book Reviews, Stephen C. Hicks, David A. Elder, Edward A. Laing

Vanderbilt Journal of Transnational Law

THE FAMILY IN INTERNATIONAL LAW: SOME EMERGING PROBLEMS

Edited by R. Lillich

Charlottesville: Michie, 1981. Pp. xii, 164

Reviewed by Stephen C. Hicks

================

TREATIES OF THE PEOPLE'S REPUBLIC OF CHINA, 1949-1978: AN ANNOTATED COMPILATION

By Grant F. Rhode and Reid E. Whitlock

Boulder, Colorado: Westview Press, 1980. Pp. ix, 207. $25.00.

Reviewed by David A. Elder

===============

STATE AND DIPLOMATIC IMMUNITY

By Charles Lewis London:

Lloyd's Press of London, Ltd., 1980. Pp. xv, 135. 16f.

Reviewed by Edward A. Laing


United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov Jan 1983

United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov

Vanderbilt Journal of Transnational Law

The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.


Marriage Settlements 1601-1740, Lloyd Bonfield Jan 1983

Marriage Settlements 1601-1740, Lloyd Bonfield

Books

The history of the family has become an area of great interest, yet the property arrangements entered into upon marriage, a crucial aspect of the process of familial wealth transmission and distribution in the landed classes in early modern England, have never been systematically studied. In the light of evidence provided by hitherto unused family muniments, Dr Bonfield analyses the legal, social and economic aspects of these settlements, and discusses the development and impact of the strict settlement.


Sharing Parenthood After Divorce, Carol Sanger Jan 1983

Sharing Parenthood After Divorce, Carol Sanger

Faculty Scholarship

Ciji Ware's first sentence in the popularly publicized Sharing Parenthood After Divorce directs the reader to "read this book before you hire a lawyer." Because many separated and divorced parents will follow Ware's instruction, family law practitioners should be aware of Ware's approach to and recommendations regarding custody. Her position is clear. The book is subtitled An Enlightened Custody Guide for Mothers, Fathers, and Kids and the meaning of "enlightened" is apparent from the title of Part One, "Why You Should Choose Shared Custody." But because her message is sometimes more enthusiastic than considered, lawyers and parents should be aware …


Santa Clara Magazine, Volume 25 Number 3, Fall 1982, Santa Clara University Dec 1982

Santa Clara Magazine, Volume 25 Number 3, Fall 1982, Santa Clara University

Santa Clara Magazine

8 - A CHRISTIAN IN A NUCLEAR WORLD by William C. Spohn, S.J. Exploring an issue crucial to our time from a Christian perspective.

13 - A TEACHER FOR ALL SEASONS by Paul L. Locatelli, S.J. Discussing the challenges and the relationship between teaching and scholarship that beset today's teachers.

16 - NO MORE PUNCH AND COOKIES 20 successful years at Santa Clara mean women's sports are here to stay.

18 - KRASSOWSKI ON COMMUNICATION by Jeanne Huber '72. Some suggestions on the art from one of the university's most skilled communicators.

21 - ON CONSERVATORSHIP by George J. Alexander. …


Volume 55, Issue 13 (1982) Nov 1982

Volume 55, Issue 13 (1982)

Obiter Dicta

No abstract provided.


Woolsack 1982 Volume 23 Number 5, University Of San Diego School Of Law Student Bar Association Oct 1982

Woolsack 1982 Volume 23 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

SBA Offers Options for Under-funded Organizations by Craig Takenaka

Alumni Share Judicial Clerkship Experiences by Miriam Kennedy

Evening Law Students: Many Dream of a Second Profession by Tim Liszewski

First Year Class Statistics, Enrolment Rise

Bottoms-up: The Woolsack annual bar review - Part I by Diane Kroeger

Alumni Notes: Distinguished Alumni Banquet Honors Adelizzi '64

New Tort Competition Enjoyed by Many by Pam Jones

Board of Director's Accepts Nominees For New Posts


The Exercise Of Executive Discretion: A Study Of A Regional Office Of The Department Of Labor, Michael C. Harper Oct 1982

The Exercise Of Executive Discretion: A Study Of A Regional Office Of The Department Of Labor, Michael C. Harper

Faculty Scholarship

Writing for a recent symposium on empirical research in administrative law, Professor Paul Verkuil noted that such research "casts light on one of the dark corners of the law. The vast majority of administrative decisions are of the informal variety, meaning they take place outside the reach of generic administrative procedure acts and frequently outside the courts themselves."' We are only beginning to appreciate how vast is this dark corner and how varied the possible modes of illumination.

This essay casts some additional light into the corner by reporting on a study of the exercise of executive discretion by a …


Moral Discourse And Legalism In Legal Education, James R. Elkins Sep 1982

Moral Discourse And Legalism In Legal Education, James R. Elkins

Journal of Legal Education

No abstract provided.


Vol. 6 No. 1 (1982): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Sep 1982

Vol. 6 No. 1 (1982): 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 …