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Articles 14341 - 14370 of 16599
Full-Text Articles in Entire DC Network
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
The Caribbean Basin Initiative: A Proposal To Attract Corporate Investment And Technological Infusion Via An Inter-American System Of Cooperative Protection For Intellectual Property, John Cyril Malloy Iii
University of Miami Inter-American Law Review
No abstract provided.
A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek
A Bang And A Whimper: Changing Labour Law In Ontario, Eric M. Tucker, Judy Fudge, Harry J. Glasbeek
Articles & Book Chapters
No abstract provided.
Milkovich Revisited: “Saving” The Opinion Privilege, Edward M. Sussman
Milkovich Revisited: “Saving” The Opinion Privilege, Edward M. Sussman
Duke Law Journal
No abstract provided.
Of Federalism, Secession, Canada And Quebec, Greg Craven
Of Federalism, Secession, Canada And Quebec, Greg Craven
Dalhousie Law Journal
This article does not seek to examine comprehensively either the political or the legal intricacies of the possible secession of Quebec from Canada. To either task, the author's knowledge would be unequal. In general terms, all that is aimed at here is the very modest goal of bringing to bear upon the present Quebec-Canada scenario perceptions garnered from a consideration of similar (though different) situations which have arisen in other federations, and especially in the Australian federation. More specifically, what is attempted is three things. First, a brief discussion is undertaken of the concept of secession as such. Second, secession …
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Devolution Or Disunion: The Constitution After Meech Lake, Calvin Massey
Osgoode Hall Law Journal
Professor Massey discusses the theoretical benefits of decentralized federalism and proposes constitutional changes to obtain those benefits and to respond to the disparate aspirations of the Canadian polity. He proposes that the provinces and federal government share concurrent authority over most powers, with provincial legislation paramount in cases of conflict. He suggests an empowered Senate, partially selected by the provinces and partially appointed by the federal government, aboriginal self-government, and territorial Senate representation. Finally, Massey proposes altering the constitutional amending formula to enhance public participation and facilitate amendment where unanimity is not critical.
Vol. 42, No. 2, September 23, 1991, University Of Michigan Law School
Vol. 42, No. 2, September 23, 1991, University Of Michigan Law School
Res Gestae
•Study: Minority Professors Less Likely to Receive Tenure •Students Give up Lavish Flybacks to Help Homeless •Kamisar, Kahn Debate Fourth Amendment Issues •Sanor Pitches RG Ball to Mandel •Letters to the Editor •To Be or Not to Be… PC: An Essay on Diversity •The Politics of a Judicial Nomination •Business School Students Learn "Global Citizenship" •Danilenko Describes Soviet Union's Many Problems •Reflections on a Summer Past •The Docket •The Madden Rule •Intramural Sports •Sarah Bernhard and That Singing Feeling •Thoughts from the Armchair... •Dr. Manitsky Gets Tough •Law in the Raw
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi
Penn State International Law Review (1982 - 2011)
No abstract provided.
Judicial Failure To Recognize A Reserved Groundwater Right For The Wind River Indian Reservation, Wyoming, Paige Graening
Judicial Failure To Recognize A Reserved Groundwater Right For The Wind River Indian Reservation, Wyoming, Paige Graening
Tulsa Law Review
No abstract provided.
Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy
Civil Law, Common Law, And Constitutional Democracy, Walter F. Murphy
Louisiana Law Review
No abstract provided.
In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris
In The Cauldron Of Jurisprudence: The View From Within The Stew, P. John Kozyris
Journal of Legal Education
No abstract provided.
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu
Research Collection Yong Pung How School Of Law
Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Reconsidering The Employment Contract Exclusion In Section 1 Of The Federal Arbitration Act: Correcting The Judiciary's Failure Of Statutory Vision, Jeffrey W. Stempel
Journal of Dispute Resolution
The clouded case law of Section l's employment contract exception presents an opportunity to improve the fairness and function of the Arbitration Act, an opportunity the bench has failed to grasp for nearly a half-century. Part II of this article reviews the case law surrounding the judicial construction of what constitutes a "class of workers engaged in interstate commerce," with courts generally holding that the employment contract exception affects only workers directly involved in interstate movement of objects. This view fails to further the overall goals of the Act and undermines the judicial goal of fairness. Recently, the Supreme Court …
Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Books Received And Book Notices, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Pacific Studies
Book Listing for the Vol 14, No 3 Edition of the Pacific Studies Journal
Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill
Freud And Critical Legal Studies: Contours Of A Radical Socio-Legal Psychoanalysis, David S. Caudill
Indiana Law Journal
No abstract provided.
Vol. 14 No. 3 (1991): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Vol. 14 No. 3 (1991): 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. 14 No. 3 (1991): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies
Vol. 14 No. 3 (1991): 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 …
The Violence Of Privacy, Elizabeth M. Schneider
The Violence Of Privacy, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Feminist Theory, Professional Ethics, And Gender-Related Distinctions In Attorney Negotiating Styles, Lloyd Burton, Larry Farmer, Elizabeth D. Gee, Lorie Johnson
Journal of Dispute Resolution
Historically, law has been a male-dominated profession; only recently has it become possible to consider the woman's experience and perspective with respect to law practice generally and negotiation practice in particular. This paper addresses two gender-related issues: first, are there identifiable gender-related distinctions in the negotiating behavior of attorneys? Second, if there are discoverable differences, are they attributable to ethical perspectives linked to gender? In addressing these questions, this article begins by reviewing the literature on feminist theory, moral development, and negotiation theory. These themes are tied together in a review of the small but growing literature on negotiation ethics. …
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
...Meech Lake To The Contrary Notwithstanding (Part Ii), Roderick A. Macdonald
Osgoode Hall Law Journal
In this essay, which has been published in two parts, the author argues that the Meech Lake Accord was more than a hastily cobbled together political deal between the Prime Minister and ten provincial premiers. Despite the unattractive process by which the Meech Lake Accord was struck, and especially defended, despite the disingenuous character of the arguments most often advanced for its adoption, and despite its close connection with other aspects of the federal government's political agenda which many Canadians found suspicious, the Meech Lake Accord did respond to an important issue in post-patriation constitutionalism. A review of Canadian constitutional …
Aboriginal Rights: The Dispossession Of The Métis, L. A. H. Chartrand
Aboriginal Rights: The Dispossession Of The Métis, L. A. H. Chartrand
Osgoode Hall Law Journal
Section 31 of the Manitoba Act 1870 provided for a land settlement scheme for the benefit of the families of the Métis residents, towards the extinguishment of the Indian title. There are now no Métis reserves in Manitoba; section 31 was implemented in a way which permitted the quick dispossession of the Métis in the nineteenth century. The writer argues that the mode of implementing section 31 was a breach of constitutional obligation. Reference is made to the subsequent history of the western Métis and comments are offered regarding the current significance of the Métis dispossession.
Evidence Pedagogy In The Age Of Statutes, Edward J. Imwinkelried
Evidence Pedagogy In The Age Of Statutes, Edward J. Imwinkelried
Journal of Legal Education
No abstract provided.
Foreword: On Building Houses, Steven L. Winter
Foreword: On Building Houses, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Parliamentary Participation In Treaty-Making, Report On Swiss Law - Europe, Luzius Wildhaber
Parliamentary Participation In Treaty-Making, Report On Swiss Law - Europe, Luzius Wildhaber
Chicago-Kent Law Review
No abstract provided.
Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter
Upside/Down View Of The Countermajoritarian Difficulty, Steven L. Winter
Law Faculty Research Publications
No abstract provided.
Jefferson-Pilot Life Insurance Co. V. Thompson: Lienholders Beware Chapter 11 May Be Hazardous To Your Security Interest's Health, Lee J. Potter
Jefferson-Pilot Life Insurance Co. V. Thompson: Lienholders Beware Chapter 11 May Be Hazardous To Your Security Interest's Health, Lee J. Potter
North Carolina Law Review
No abstract provided.
Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Hypothetical Bargains: The Normative Structure Of Contract Interpretation, David Charny
Michigan Law Review
The argument here amplifies the contract literature with respect to basic contract theory and its doctrinal applications. The argument extends and corrects the current understanding of contract theory in several respects. First, it clarifies the role of liberal and communitarian argument in constructing interpretive conventions for contract. As currently understood among lawyers, the predominant noninstrumental theories of contract are in large measure indeterminate as to the question of default rules. Nonetheless, as I shall explain, these theories do have limited implications for the ground rules that govern interpretive conventions. The argument here, then, clarifies the role of noninstrumental theory in …
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
A Conservative’S Comments On Edley And Sunstein, Marshall J. Breger
Duke Law Journal
No abstract provided.
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Putting The Dormancy Doctrine Out Of Its Misery, Richard D. Friedman
Cardozo Law Review
No abstract provided.
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Strenuous Virtues, Virtuous Lives: The Social Vision Of Antonin Scalia, George Kannar
Cardozo Law Review
No abstract provided.