Digital Commons Network^™

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 6, No 1 Edition of the Pacific Studies Journal

Trademark Developments In The Former U.S.S.R. And Eastern Europe, Janet L. Hoffman

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Helping To Harm? The Ethical Dilemmas Of Managing Politically Sensitive Data, Sylvie C. Tourigny

Center for the Study of Ethics in Society Papers

Presented to the WMU Center for the Study of Ethics in Society - March 19, 1993.

International Aspects Of Patent Protection For Biotechnology, John Richards

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Vol. 16 No.2 (1992): 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. 16 No. 2 (1993): 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 …

Vol. 16 No.2 (1992): 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. 16 No. 2 (1993): 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 …

Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Book Listing for the Vol 6, No 1 Edition of the Pacific Studies Journal

The Dickinson School Of Law Nafta Symposium - The North American Free Trade Agreement: Engaged To Be Engaged?, John A. Maher

Penn State International Law Review (1982 - 2011)

No abstract provided.

Fidelity In Translation, Lawrence Lessig

Articles

Readings of the Constitution have changed. Sometimes they have changed because the constitutional text has changed. But more often they have changed while the text has remained the same. Can it be that these changed readings-changes that track no change in constitutional text-can nonetheless be readings of fidelity, faithful to the Constitution's original meaning? On some readings of originalism, the answer must be no. But this essay argues that any complete account of interpretive fidelity must allow--indeed require--changes in constitutional readings even when there has been no change in the constitutional text. If meaning is a function of both text …

A Primer On The Patterns Of Negligence, Thomas C. Galligan Jr.

Louisiana Law Review

No abstract provided.

Legal Education In Germany And The United States--A Structural Comparison, Juergen R. Ostertag

Vanderbilt Journal of Transnational Law

In this Article, Mr. Ostertag compares German and United States legal education. He believes that the differences in the two educational systems result from such factors as the separate development of the respective educational programs, the different training goals each system has for law students, and the relative significance of code law instruction and case method instruction. The author perceives a dichotomy between legal theory and practice, and he believes that law schools could bridge this gap through a comprehensive internship program that would expose students to all aspects of legal practice.

Early And Later Deconstruction In The Writings Of Jacques Derrida, Iddo Landau

Cardozo Law Review

In this article I claim that a distinction should be made between an "early Derrida" and a "later Derrida," similar to the one made between Wittgenstein of the Tractatus and Wittgenstein of the Investigations, or between Heidegger before the Kehre and Heidegger after it. Acceptance of such a distinction enables us to understand Derrida's teachings more clearly, to solve a disagreement in Derrida scholarship, and to understand his deconstruction as less contradictory. I shall also explain the reasons for, and causes of, the change in Derrida's teachings and distinguish between those aspects that changed and those that did not.

Speaking To The Ghost: Idea And Expression In Copyright, Leslie A. Kurtz

University of Miami Law Review

No abstract provided.

Monolingualism And Judaism, José Faur

Cardozo Law Review

No abstract provided.

Comprehensive References And Indexes, Volume 14 (1992-1993)

Cardozo Law Review

No abstract provided.

Does It Matter Whether Intellectual Property Is Property, Stephen L. Carter

Chicago-Kent Law Review

No abstract provided.

Beyond Mataphor: Copyright Infringement And The Fiction Of The Work, Robert H. Rotstein

Chicago-Kent Law Review

No abstract provided.

Law As A System Of Professional Institutions, Bela Pokol

Connecticut Journal of International Law

In this paper, I attempt to analyze two subjects. First, I tried to suggest some corrections to the sociological system theory of German sociologist Niklas Luhmann, and to outline a modified version of Luhmann's theoretical position, which is my concept of the systems of professional institutions. Second, 1 tried to apply this comprehensive concept to the legal system of society.

I then would like to chart the place law takes in modern societies, its nature as a confined system and its adaptation from the point of view of a comprehensive social theory, departing from the category and distinctions of modern …

Minorities And Diversities: The "Remarkable Experiment" Of The League Of Nations, Carol Weisbrod

Connecticut Journal of International Law

This paper considers some issues relating to state frameworks intended to permit and encourage large diversities in societal group life. It focuses illustratively on material relating to the period after the First World War, when the League of Nations used a system of treaties to protect the ethnic, religious, and linguistic minorities of certain largely central European states, and suggests that in thinking about issues of minorities we must also think about our definitions of the state. Education, because it is of such importance to individuals, groups and the state, is used as a field through which a pluralist framework …

International Human Rights In The European Community And In The Nations Of Central And Eastern Europe: An Overview, Henricus G. Schermers

Connecticut Journal of International Law

Every Member State of the Council of Europe must adapt its legislation in order to comply with the requirements of the European Convention on Human Rights. In the early years, the adaptation was reasonably simple as the Convention only broadly indicated the human rights to be respected. Over the years, however, the European Court of Human Rights has refined the Convention into far greater detail which means that the Convention implies ever more detailed rules and therefore requires ever more adaptation of the Member States.

One of the purposes of the Budapest Seminar is to study problems with which new …

The Evolution Of Human Rights Law In Central And Eastern Europe: One Jurist's Response To The Distinguished Panelists, Geza Herczegh

Connecticut Journal of International Law

It is well known that in 1989 a new period began in the history of Eastern-Central Europe, a period of change and development, and that the Constitutional Courts play a very important role in this political and legal development.

I said Eastern-Central Europe because, at least in my opinion, Poland, Bohemia (the Czech Republic), Slovakia and of course Hungary are parts of Central and not of Eastern Europe. The crucial issue however, is not the geographical denomination, but the trend of development of those States that would be useful for we, citizens of a new democracy and for you, coming …

The European Convention On Human Rights And The Protection Of Minorities Under International Law, Andras B. Baka

Connecticut Journal of International Law

The need for protection of religious, racial, ethnic, and other minorities under internal (or constitutional) and international laws has perhaps never been as timely as it is now. While the minority question is one of global dimensions, this assertion is borne out by a mere glance at the grave tensions in, and the varied ethnic landscape of, present-day Europe. However, particularly if one considers the countless types of ethnicity, the minority problem has long been either attendant upon or central to the European processes. It is a recurring phenomenon presenting a need for a solution to the societal concerns it …

Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod

Faculty Articles and Papers

No abstract provided.

A Life Preserver For Battered Immigrant Women: The 1990 Amendments To The Immigration Marriage Fraud Amendments, Maxine Yi Hwa Lee

Buffalo Law Review

No abstract provided.

Is The Rule Of Law Possible In A Postmodern World?, Francis J. Mootz Iii

Washington Law Review

The Rule of Law is the core of our political and legal ideology, but the Rule of Law increasingly is attacked as an unattainable goal. Postmoder theorists challenge whether it makes sense to believe that rules can be formulated for general application and then later neutrally applied by decision makers. Postmodern theorists reject the nlightenment world view and its political corollary, classical liberalism. The author agrees with the spirit of the postmoder critique, but argues that we can understand the Rule of Law in a manner consonant with postmodern thought. Drawing on the Continental tradition of hermeneutics, or the philosophy …

Justice Scalia, Standing, And Public Law Litigation, Gene R. Nichol Jr.

Duke Law Journal

No abstract provided.

Liberal Philosophy's Troubled Relation To The Rule Of Law, David G. Carlson

Articles

The article critiques Andrew Altman's defense of liberalism against critical legal studies (CLS), arguing that his account of the rule of law relies on unexamined presuppositions and fails to address the indeterminacy of legal meaning. Altman's metaphor of the rule of law as a checkerboard of zones of freedom is challenged for its definitional ambiguity and reliance on natural law, which undermines his critique of CLS. The analysis suggests that liberalism's inability to tolerate political intrusion into the rule of law exposes its dogmatic underpinnings, while deconstruction offers a more nuanced understanding of legal meaning and its ethical implications.

Federalism: An Architecture For Freedom, Siegfried Wiessner

Cardozo Journal of International and Comparative Law

The article presents federalism as a flexible and effective system for organizing power, emphasizing its relevance in promoting freedom and managing diversity. It argues that federalism, while often misunderstood, offers a viable framework for structuring governance in diverse and restructured communities, particularly in the context of the New Europe.