Digital Commons Network^™

California's Unfair Comepetition Act: Will It Give Rise To Yet Another Wave In Smoking And Health Litigation?, Seong Hwan Kim

Santa Clara Law Review

No abstract provided.

Values, Pierre Schlag

Publications

No abstract provided.

Dahl's Law Dictionary/Diccionario Juridico, Beverly May Carl

Fordham International Law Journal

This book review evaluates Henry S. Dahl’s Spanish/English law dictionary. Dahl's dictionary is so important for the conduct of transnational negotiations and the work of international lawyers that I strongly recommend its acquisition by all those operating in this field, as well as law libraries, embassies, and international divisions of major corporations. It acknowledges the impossibility of directly translating a legal term from one system into that of another. Explanations are given in English in the Spanish/English section and in Spanish in the English/Spanish section. Only one with Dahl's profound knowledge of these different legal systems could have undertaken this …

The Individuals With Disabilities Education Act: A Parent's Perspective And Proposal For Change, Martin A. Kotler

University of Michigan Journal of Law Reform

For two years, beginning in the fall of 1991, I was involved in an ongoing legal battle with the Delaware County, Pennsylvania Intermediate Unit No. 25 regarding the "appropriateness" of preschool programming for my son. To a large degree, the following Article has its origin in that battle.

Nevertheless, the point of this Article is neither to get even for wrongs, real or imagined, nor to utilize these pages to supplement the already extensive briefs and formal arguments made in that case. Rather, I believe that my position as a law professor, lawyer, litigant, and parent of a disabled child …

Verbal Sexual Harassment As Equality-Depriving Conduct, Keith R. Fentonmiller

University of Michigan Journal of Law Reform

Part I of this Note argues that commentators like Browne and some courts have mischaracterized the harm of verbal sexual harassment as mere "offense." Rather, the true harm of a sexually hostile environment created by words and expressive conduct extends beyond offense, emotional distress, and economic displacement; at bottom, the harm is equality-deprivation.

Part II explains how a sexually hostile environment is equality-depriving by arguing that words which create a sexually hostile environment must be understood in historical and social context. Words can be used not only to communicate ideas but also to perform acts of coercion and sexual abuse. …

International Human Rights, The Environment, And Indigenous Peoples, Robert K. Hitchcock

Colorado Environmental Law Journal

No abstract provided.

“We Are Part Of Nature”: Indigenous Peoples’ Rights As A Basis For Environmental Protection In The Amazon Basin, Thomas S. O'Connor

Colorado Environmental Law Journal

No abstract provided.

Instructing The Jury - Watch Your Language, Gail Hagerty

North Dakota Law Review

No abstract provided.

Expert Testimony, Barry C. Scheck

Touro Law Review

No abstract provided.

Landowner-Lessor Liability Under Cercla, Anthony J. Fejfar

Maryland Law Review

No abstract provided.

A Comment On The Positive Canons Project, Miriam R. Jorgensen, Kenneth A. Shepsle

Law and Contemporary Problems

Using the machinery of positive political theory in order to make some sense of legislative intent contains a number of provocative possibilities. Issues that require attention in this theory are addressed.

The History Of The Second Amendment, David E. Vandercoy

Valparaiso University Law Review

No abstract provided.

Kant On Obligation And Motivation In Law And Ethics, Nelson T. Potter Jr.

Department of Philosophy: Faculty Publications

It is quite clear that a positive law must have some motivation connected with it, as specified in a penalty, at least a criminal law must, as opposed to a law appropriating funds or a law authorizing persons to make use of certain legal possibilities, such as a will, a limited liability corporation, or marriage. Some ten years ago Nebraska's state legislature passed a law requiring the wearing of a motorcycle helmet while riding a motorcycle on the state's roads, and the Governor signed it into law. Only some time after this process had been completed was the defect of …

Dealing With Sexual Harrassment In The Workplace: The Promise And Limitations Of Human Rights Discourse, Fay Faraday

Osgoode Hall Law Journal

This paper examines the value of liberal rights in launching a political movement against sexual harassment, while reassessing their limitations for changing the practice of harassment. For rights to benefit women, decision makers must mean the same thing women do when speaking of sexual harassment. The paper analyzes how dominant ideology misshapes the delivery of rights against sexual harassment, normalizes male aggression, and reconstructs the struggle into one not about power but about taste, free speech, and a conflict between abstract rights. The paper examines how other rights discourses can empower women to combat harassment in a proactive way.

Legal Indeterminacy, Judicial Discretion And The Mexican-American Litigation Experience: 1930-1980, George A. Martinez

Faculty Journal Articles and Book Chapters

This article explores a jurisprudential point: legal indeterminacy in the context of Mexican-American civil rights litigation. The article argues that because of legal uncertainty or indeterminacy the resolution of key issues was not inevitable. Judges often had discretion to reach their conclusions. In this regard, the article concludes that the courts generally exercised their discretion by taking a position on key issues against Mexican-Americans. The article points out that exposing the exercise of judicial discretion and the lack of inevitability in civil rights cases is important for two major reasons. At one level, exposing the exercise of judicial discretion is …

The Concept Of Property In The Early Common Law, David J. Seipp

Faculty Scholarship

“There is nothing,” wrote William Blackstone, “which so generally strikes the imagination and engages the affections of mankind, as the right of property.” Property continues to occupy a place of enormous importance in American legal thought. More than just a staple of the first-year law school curriculum, the concept of property guides the application of constitutional doctrines of due process and eminent domain. A grand division between “property rules” and “liability rules” classifies our common law entitlements. Property is a concept of such longstanding importance in our law, of such great inertial momentum, that it has expanded to include nonphysical …

Mandated Access: Commensurability And The Right To Say "No", Wendy J. Gordon, Anne E. Gowen

Faculty Scholarship

Here is the problem as Congress saw it: A distributor of television programming (a cable television operator or a distributor of television programming via other media) cannot thrive unless it can supply viewers with top-rated programming. Few customers want to subscribe to a service that lacks NBC's Seinfeld, the latest episodes of General Hospital, or even PBS educational documentaries. Special provisions in the 1976 Copyright Act gave cable operators some liberty to retransmit broadcast programming. However, that Act created no such liberties for programming originating from within cable companies. Because the national market for programming is dominated by …

Constructive Race: The Interaction Of Personal, Social, And Legal Identity In An American Indian Experience With Title Vii: Perkins V. Lake County Department Of Utilities, Johanna G. Flacks-Jatta

American Indian Law Review

No abstract provided.

Legal Writing: A Revised View, Chris Rideout, Jill J. Ramsfield

Faculty Articles

This article begins with the premise that most law students will become professional writers: that is, they will make their living from writing, whether in practice or academia. As such, they should be confident and comfortable with legal discourse and composition in practical, social, and intellectual contexts. That confidence must be based on good training throughout their law school careers, and that training must look beyond legal writing problems to solutions. To suggest solutions to legal writing problems, this article examines traditional definitions of legal writing, definitions that may themselves be impeding progress toward more effective training. It then offers …

Deconstruction: The Road To A Derridian Cul-De-Sac Where "There Is No There There" And "There Is No About About For Anything To Be About", Arthur Austin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Waits V. Frito-Lay: The Song Remains The Same, Keith E. Lurie

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Implications Of Widening The European Union, Bernhard Schloh

Fordham International Law Journal

The article looks at the initial stated requirements for EU membership- that a Member State of the European Communities be “a European state”- and the implications of widening EU membership in light of additional requirements that have since been formalized. These include, 1) being a European state; 2) having a democratic form of government; 3) respecting fundamental rights; and 4) having something of a market economy structure. With respect to the fourth requirement, a state is not required to have a full market economy structure, however, it must be on the way towards it.

Common Cultural Property: The Search For Rights Of Protective Intervention, M. Catherine Vernon

Case Western Reserve Journal of International Law

No abstract provided.

A Comparative Analysis Of Proposals For The Legal Protection Of Computerized Databases: Nafta Vs. The European Communities, W. Joseph Melnik

Case Western Reserve Journal of International Law

No abstract provided.

Judicial Interpretation Of Silence: The Criminal Evidence Order Of 1988, Thomas P. Quinn

Case Western Reserve Journal of International Law

No abstract provided.

Closing A Chapter Of History: Germany's Right To Compensation For The Sudetenland, Charles A. Schiller

Case Western Reserve Journal of International Law

No abstract provided.

Whose Partnership Is It Anyway?: Revising The Revised Uniform Partnership Act's Duty-Of-Care Term, Michael L. Keeley

Fordham Law Review

No abstract provided.

Reading Poethics, Robert Weisberg

Cardozo Law Review

The advent of law-and-literature scholarship, or at least the pronouncement of Law and Literature as a major new scholarly enterprise, reflects a general tendency in our culture to look to literature as a source of spiritual renewal, as a means of reclaiming a vaguely defined but emotionally evocative legacy. Such a turn to literature for renewal is ironic, since, as Richard Poirier points out, it is literature itself whose internal troubles seem to best reflect the various types of alienation, malaise, and disbelief which are said to distress modern culture. In that regard, it may be more appropriate to look …

Historical Reconstruction In Popular Legal And Political Culture, Anthony Chase

Seton Hall Law Review

No abstract provided.

Search And Seizure - Stop And Frisk - Police May Seize Nonthreatening Contraband Detected Through The Sense Of Touch During A Protective Pat Down Search So Long As The Search Stays Within The Bounds Marked By Terry V. Ohio - Minnesota V. Dickerson, 113 S. Ct. 2130 (1993)., Stacey Paige Rappaport

Seton Hall Law Review

No abstract provided.