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God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell Jan 1993

God Is Dead And We Have Killed Him: Freedom Of Religion In The Post-Modern Age, Michael W. Mcconnell

Articles

No abstract provided.


Social Norms And Default Rules Analysis, Lisa Bernstein Jan 1993

Social Norms And Default Rules Analysis, Lisa Bernstein

Articles

No abstract provided.


Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter Jan 1993

Objectivity And The Problems Of Jurisprudence (Reviewing Kent Greenawalt, Law And Objectivity (1992)), Brian Leiter

Articles

No abstract provided.


Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman Jan 1993

Determinacy, Objectivity, And Authority, Brian Leiter, Jules L. Coleman

Articles

No abstract provided.


Democracy: An Institution Whose Time Has Come--From Classical Greece To The Modern Pluralistic Society, Nicholas N. Kittrie Jan 1993

Democracy: An Institution Whose Time Has Come--From Classical Greece To The Modern Pluralistic Society, Nicholas N. Kittrie

American University International Law Review

No abstract provided.


The Task Ahead: Making The Constitution Work For Pluralism, Nicholas N. Kittrie Jan 1993

The Task Ahead: Making The Constitution Work For Pluralism, Nicholas N. Kittrie

American University International Law Review

No abstract provided.


The Judiciary In Contemporary Society: Hungary, Andras Sajo Jan 1993

The Judiciary In Contemporary Society: Hungary, Andras Sajo

Case Western Reserve Journal of International Law

No abstract provided.


A Critical Review Of Market Access In Central And Eastern Europe: The European Community's Role, David Everett Marko Jan 1993

A Critical Review Of Market Access In Central And Eastern Europe: The European Community's Role, David Everett Marko

Maryland Journal of International Law

No abstract provided.


Some Realism About Chevron, Russell L. Weaver Jan 1993

Some Realism About Chevron, Russell L. Weaver

Missouri Law Review

Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc.,' is widely regarded as a "landmark" administrative law decision. One commentator claimed that it produced "a revolution in administrative law" and is "one of the most important administrative law decisions in recent memory." A second commentator declared that it dominates "the law governing judicial acceptance of agencies' interpretations," while a third described it as "the leading case on the subject ... of deference to agencies on statutory issues."


Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross Jan 1993

Constitutional Development In South Africa And The Role Of The Namibian Constitutional Model, Craig Gross

UC Law SF International Law Review

South Africa and Namibia share a similar heritage as ethnically and racially pluralistic societies with a white minority exercising complete political and economic control over a black majority. In 1990, after gaining independence from South Africa, Namibia adopted a progressive, democratic constitution. In South Africa, negotiations are currently underway to end years of white rule and formulate a new constitution extending full political rights to all citizens. This Note examines the salient features of the Namibian Constitution. The Note also discusses the various proposals for a South African Constitution, with particular emphasis on electoral laws and the structure and power …


Consensus, Coherence And The European Convention On Human Rights, Lawrence R. Helfer Jan 1993

Consensus, Coherence And The European Convention On Human Rights, Lawrence R. Helfer

Cornell International Law Journal

No abstract provided.


Comparing Products Liability: Concepts In European And American Law, Marshall S. Shapo Jan 1993

Comparing Products Liability: Concepts In European And American Law, Marshall S. Shapo

Cornell International Law Journal

No abstract provided.


Making The World A Beter Place Through Tort Law.: Through The Therapeutic Looking Glass, Daniel W. Shuman Jan 1993

Making The World A Beter Place Through Tort Law.: Through The Therapeutic Looking Glass, Daniel W. Shuman

NYLS Journal of Human Rights

No abstract provided.


New Directions In Therapeutic Jurisprudence: Breaking The Bounds Of Conventional Mental Health Law Scholarship, David B. Wexler Jan 1993

New Directions In Therapeutic Jurisprudence: Breaking The Bounds Of Conventional Mental Health Law Scholarship, David B. Wexler

NYLS Journal of Human Rights

No abstract provided.


Reflections On United States V. Helmsley: Should "Impossibility" Be A Defense To Attempted Income Tax Evasion?, Ronald H. Jensen Jan 1993

Reflections On United States V. Helmsley: Should "Impossibility" Be A Defense To Attempted Income Tax Evasion?, Ronald H. Jensen

Elisabeth Haub School of Law Faculty Publications

This Article analyzes the appropriateness of the No-Tax-Due defense, and the circumstances in which the No-Tax-Due defense should prevail against a charge of attempted income tax evasion. Part II poses, as a basis for analysis, a set of hypothetical cases in which the defense is potentially available. Part III reviews the background of this issue, including the statutory scheme of the federal tax crimes, relevant legislative history and the judicial development of the No-Tax-Due defense. Part IV reviews the impossibility defense in the law of attempt and points out its similarity to the No-Tax-Due defense. Part V proposes a revised, …


Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton Jan 1993

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William Wilson Bratton

Articles

No abstract provided.


Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein Jan 1993

Lucas V. South Carolina Coastal Council: A Tangled Web Of Expectations, Richard A. Epstein

Articles

No abstract provided.


Criminalizing The American Juvenile Court, Barry C. Feld Jan 1993

Criminalizing The American Juvenile Court, Barry C. Feld

Articles

Progressive reformers envisioned a therapeutic juvenile court that made individualized treatment decisions in the child's "best interests." The Supreme Court's Gault decision provided the impetus for transforming the juvenile court from an informal welfare agency into a scaled-down criminal court. Since Gault, the juvenile court procedures increasingly resemble those of adult courts, although in some respects, such as assistance of counsel, juveniles receive less adequate protections. Judicial and legislative changes have altered the juvenile court's jurisdiction over noncriminal status offenders and serious young offenders-as the former are diverted from the system, the latter are transferred to adult criminal courts. Juvenile …


Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia Ward Jan 1993

Book Review Of Liberalism And Republicanism In The Historical Imagination, Cynthia Ward

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Liberalism and Republicanism in the Historical Imagination. By Joyce Appleby. Cambridge, Mass: Harvard University Press. 1992. Pp. viii, 351. Reviewed by: Cynthia Ward.


Book Review Of Metaphor And Reason In Judicial Opinions, Eileen A. Scallen Jan 1993

Book Review Of Metaphor And Reason In Judicial Opinions, Eileen A. Scallen

Constitutional Commentary, Vols 1–36 (1984–2022)

Book Review of Metaphor and Reason in Judicial Opinions. By Haig Bosmajian. Carbondale, IL: Southern Illinois University Press. 1992. Pp. xiv, 240. Reviewed by: Eileen A. Scallen.


Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph Jan 1993

Immigration And Naturalization Service V. Elias-Zacarias: Partially Closing The Door On Political Asylum, Matthew H. Joseph

Maryland Law Review

No abstract provided.


The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer Jan 1993

The First Amendment Right To Petition Government For A Redress Of Grievances: Cut From A Different Cloth, Julie M. Spanbauer

UC Law Constitutional Quarterly

The First Amendment right to petition government has been improperly limited by the United States Supreme Court. While the Court has agreed that the Petition Clause extends to the judiciary, it has improperly concluded that the Petition Clause does not provide a substantive right of access to the judiciary. Instead, the Court has granted only limited immunity to petitioners and has concluded that, whatever the breadth of the Petition Clause, there is no correlative duty of governmental response. The Court's interpretation ignores the historical understanding of this right. From its inception in England and throughout the colonial era, the right …


The Canadian Challenge--Tools Of Industrial Policy, Stuart L. Smith Jan 1993

The Canadian Challenge--Tools Of Industrial Policy, Stuart L. Smith

Canada-United States Law Journal

industrial policy--Canada


The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh Jan 1993

The Challenge Of Indigenous Self-Determination, Russel Lawrence Barsh

University of Michigan Journal of Law Reform

The Earth Summit at Rio was the first global negotiation in which indigenous peoples participated directly. They did so with the aim of advocating land rights and greater self-determination in the fields of natural-resource management and development. They justified these claims by arguing that indigenous peoples are superior stewards of the land and that strengthening indigenous peoples' traditional economies would contribute to solving global ecological and economic problems. This approach succeeded all too well. Jaded diplomats and environmental ministers seized on the hopeful possibility that indigenous economics actually might work better than discredited socialism and overextended capitalism, and they invited …


Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello Jan 1993

Does Culpability Matter?: Statutory Construction Under 42 U.S.C. § 6928, Michael Vitiello

McGeorge School of Law Scholarly Articles

No abstract provided.


Judge Arnold And Individual Rights, Patricia M. Wald Jan 1993

Judge Arnold And Individual Rights, Patricia M. Wald

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos Jan 1993

That Obscure Object Of Desire: Hermeneutics And The Autonomous Legal Text, Paul Campos

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Unconstitutional Rulemaking: The Civil Justice Reform Act And Separation Of Powers, Linda S. Mullenix Jan 1993

Unconstitutional Rulemaking: The Civil Justice Reform Act And Separation Of Powers, Linda S. Mullenix

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Lessons In Confronting Racist Speech: Good Intentions, Bad Results, And Article 4(A) Of The Convention On The Elimination Of All Forms Of Racial Discrimination, Michael A.G. Korengold Jan 1993

Lessons In Confronting Racist Speech: Good Intentions, Bad Results, And Article 4(A) Of The Convention On The Elimination Of All Forms Of Racial Discrimination, Michael A.G. Korengold

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Totem And The God Of The Philosophers: How A Freudian Vocabulary Might Clarify Constitutional Discourse, 35 J. Church & State 521 (1993), Joel R. Cornwell Jan 1993

Totem And The God Of The Philosophers: How A Freudian Vocabulary Might Clarify Constitutional Discourse, 35 J. Church & State 521 (1993), Joel R. Cornwell

UIC Law Open Access Faculty Scholarship

No abstract provided.