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Competency To Refuse Treatment, Elyn R. Saks Mar 1991

Competency To Refuse Treatment, Elyn R. Saks

North Carolina Law Review

No abstract provided.


Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein Mar 1991

Towards A Communitarian Theory Of Responsibility: Bearing The Burden For The Unintended, Rosa Eckstein

University of Miami Law Review

No abstract provided.


On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer Mar 1991

On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer

Washington and Lee Law Review

No abstract provided.


Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint Mar 1991

Bankruptcy Policy: Toward A Moral Justification For Financial Rehabilitation Of The Consumer Debtor, Richard E. Flint

Washington and Lee Law Review

No abstract provided.


Vol. 14 No. 2 (1991): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies Mar 1991

Vol. 14 No. 2 (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 …


Structuring Media Joint Ventures In The European Community, Anne Moebes Jan 1991

Structuring Media Joint Ventures In The European Community, Anne Moebes

UC Law SF Communications and Entertainment Journal

This article explores the compelling reasons why U.S. media firms should co-produce and distribute programming in the European Community. The article then outlines the various legal and practical hurdles to be anticipated by U.S. firms and suggests a plan to allow U.S. firms to structure to comply with legal restrictions without sacrificing the ultimate benefits to be gained. Attention is focused on the European Community's content restrictions on foreign programming, juxtaposed with the international implications of the Federal Communications Commission's recent financial-syndication rule changes. Finally, because copyright protection is an important consideration in any venture involving an audiovisual product, the …


Introduction To Computer Law, Leonard D. Duboff Jan 1991

Introduction To Computer Law, Leonard D. Duboff

UC Law SF Communications and Entertainment Journal

This article introduces the reader to the computer law which is the basis for this symposium. It begins by tracing the history of the development of computers and then considers the parallel development of computer software. Next, it sketches some of the significant events which have marked the legal evolution of computer law. Finally, the author introduces the pieces which appear in this volume and provides a very brief summary of each.


The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat Jan 1991

The Future Of Customary Law In Namibia: A Call For An Integration Model, Lynn Berat

UC Law SF International Law Review

The Namibian Constitution is, in many ways, a model for the world. Among the human rights it guarantees is the right to culture. There is support for the proposition that this includes the right to use customary law. The relationship between customary and national law is a difficult issue. This Article explores the options available to the Namibian Government as it attempts to balance the needs and desires of the people with the need for uniform laws. The author examines the treatment of customary law elsewhere in Africa, particularly Swaziland, Lesotho, and Botswana. The author concludes that while unification of …


Once More Into The Breach: Fact Versus Opinion Revisited After Milkovich V. Lorain Journal Co., Ronald K. Chen Jan 1991

Once More Into The Breach: Fact Versus Opinion Revisited After Milkovich V. Lorain Journal Co., Ronald K. Chen

Seton Hall Constitutional Law Journal

No abstract provided.


Toronto Statement On The International Legal Vulnerability Of Financial Information, 11 Computer L.J. 75 (1991), Michael Kirby Jan 1991

Toronto Statement On The International Legal Vulnerability Of Financial Information, 11 Computer L.J. 75 (1991), Michael Kirby

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


Sovereignty Over Corporate Stock, Lyman P.Q. Johnson Jan 1991

Sovereignty Over Corporate Stock, Lyman P.Q. Johnson

Scholarly Articles

No abstract provided.


Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin Jan 1991

Feminist Jurisprudence - The 1990 Myra Bradwell Day Panel, Elizabeth M. Schneider, Lucinda Finley, Carin Clauss, Joan Bertin

Faculty Scholarship

No abstract provided.


Can A Computer Language Be Copyrighted? The State Of Confusion In Computer Copyright Law, 11 Computer L.J. 97 (1991), Steve Posner Jan 1991

Can A Computer Language Be Copyrighted? The State Of Confusion In Computer Copyright Law, 11 Computer L.J. 97 (1991), Steve Posner

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.


On Assassination As Anticipatory Self-Defense: The Case Of Israel, Louis Rene Beres Jan 1991

On Assassination As Anticipatory Self-Defense: The Case Of Israel, Louis Rene Beres

Hofstra Law Review

No abstract provided.


Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado Jan 1991

Brewer's Plea: Critical Thoughts On Common Cause, Richard Delgado

Vanderbilt Law Review

As most legal readers know, members of the Critical Race Studies (CRS) school" and mainstream civil rights scholars have been carrying on a rather spectacular and highly public debate. First, Randall Kennedy, a mainstream scholar, took the newcomers to task in his Racial Critiques article, charging us with making unfounded accusations and grandiose claims,' with finding racial exclusion where none exists, and with various other sins of omission and commission. The controversy moved next to the pages of the popular press. Then, in the June 1990 issue of Harvard Law Review, three members of CRS and a white sympathizer were …


Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson Jan 1991

Divided We Stand: State Constitutions In A More Perfect Union, Shirley S. Abrahamson

UC Law Constitutional Quarterly

No abstract provided.


Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell Jan 1991

Accommodation Of Religion: An Update And A Response To The Critics, Michael W. Mcconnell

Articles

No abstract provided.


The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler Jan 1991

The Failure Of Sentencing Guidelines: A Plea For Less Aggregation, Albert Alschuler

Articles

No abstract provided.


Proposed South African Bill Of Rights: A Prescription For Equality Or Neo-Apartheid?, M.C. Jozana Jan 1991

Proposed South African Bill Of Rights: A Prescription For Equality Or Neo-Apartheid?, M.C. Jozana

American University International Law Review

No abstract provided.


The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond Jan 1991

The International Arbitrator: From The Perspective Of The Icc International Court Of Arbitration, Stephen R. Bond

Northwestern Journal of International Law & Business

In short, an arbitrator must have what Professor Pierre Lalive has called the "ability to judge," which implies a capacity to evaluate conflicting statements of law and/or fact and to have the wisdom, courage and expertise to reach and render a decision in such a way that the parties - and perhaps most of all the losing party - will recognize both the essential fairness of the procedure and the futility of efforts to overturn the award or oppose its execution. Only when this occurs, as happens in about ninety percent of ICC cases, can arbitration truly achieve the relative …


Towards A New South African Bill Of Rights: South Africa Law Commission Working Paper On Human Rights Jan 1991

Towards A New South African Bill Of Rights: South Africa Law Commission Working Paper On Human Rights

University of Miami International and Comparative Law Review

No abstract provided.


Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson Jan 1991

Security Markets In The United States And Japan: Distinctive Aspects Molded By Cultural, Social, Economic, And Political Differences, Dan Fenno Henderson

UC Law SF International Law Review

With the advent of Tokyo as one of the world's leading securities markets, the importance of uniform trade laws has become paramount. The author examines some of the cultural idiosyncrasies of doing business in the United States and Japan which may hinder this goal. He argues that these must be well understood before regulations creating a global market can be implemented.


The P.R.C.'S First Copyright Law Analyzed, Jianming Shen Jan 1991

The P.R.C.'S First Copyright Law Analyzed, Jianming Shen

UC Law SF International Law Review

This Article explains the People's Republic of China's new copyright law, the Authorship Right Law, which is scheduled to take effect on June 1, 1991. The Article explores how the new law protects the moral and economic (property) rights of authors and other copyright holders. The Article specifically analyzes a number of issues, including copyrightable subject matter, neighboring rights and obligations, penalties for infringement, and the international aspects of the law. The author also discusses the positive and negative aspects of the Authorship Right Law, both within China and internationally.


To Stimulate, Provoke, Or Incite Hate Speech And The First Amendment, Kenneth Lasson Jan 1991

To Stimulate, Provoke, Or Incite Hate Speech And The First Amendment, Kenneth Lasson

St. Thomas Law Review

The rule should be a simple one: expression of all ideas is protected, except for those in narrowly defined categories such as state secrets, obscenity, fighting words, and defamation. The last exception should include a civil action for group libel. While the rule may be simple, however, it is not simplistic - nor any more difficult to apply than the analysis required in the fact-finding process of a trial by judge or jury. This paper will briefly examine the various approaches to free speech both in America and elsewhere, suggest how they may be read in harmony with the rule …


Status Report: United Nations Convention On The Rights Of The Child, Cynthia Price Cohen, Per Miljeteig Olsen Jan 1991

Status Report: United Nations Convention On The Rights Of The Child, Cynthia Price Cohen, Per Miljeteig Olsen

NYLS Journal of Human Rights

No abstract provided.


On Reading The Constitution, Paul R. Joseph Jan 1991

On Reading The Constitution, Paul R. Joseph

NYLS Journal of Human Rights

No abstract provided.


Guestworker Policies And Apartheid: Does One Resemble The Other?, Demetra K. Matsis Jan 1991

Guestworker Policies And Apartheid: Does One Resemble The Other?, Demetra K. Matsis

Marquette Law Review

No abstract provided.


The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow Jan 1991

The Subverting Of The Goeduck: Sex And Gender, Which And That, And Other Adventures In The Language Of The Law, Robert C. Cumbow

Seattle University Law Review

The "adventures in the language of the law" that follow examine some contemporary usage problems that have special implications for the law and suggest ways these problems might be avoided or resolved.


What Judge Bork Should Have Said, Cass R. Sunstein Jan 1991

What Judge Bork Should Have Said, Cass R. Sunstein

Articles

No abstract provided.


Book Review Of Judicial Activism: Bulwark Of Freedom Or Precarious Security?, Thomas Morawetz Jan 1991

Book Review Of Judicial Activism: Bulwark Of Freedom Or Precarious Security?, Thomas Morawetz

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

Book Review of Judicial Activism: Bulwark of Freedom or Precarious Security? By Christopher Wolfe. Pacific Grove, California: Brooks/Cole Publishing Company. 1991. Pp. ix, 166. Reviewed by: Thomas Morawetz.