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Administrative Failure And Local Democracy: The Politics Of Deshaney, Jack M. Beermann

Duke Law Journal

No abstract provided.

1990scholars And Artists Bibliography, Michael Schwartz Library, Cleveland State University, Friends Of The Michael Schwartz Library

Scholars and Artists Bibliographies

This bibliography was created for the annual Friends of the Michael Schwartz Library Scholars and Artists Reception, recognizing scholarly and creative achievements of Cleveland State University faculty, staff and emeriti

Agency Investigation: Adjudication Or Rulemaking - The Itc's Material Injury Determiniations Under The Anitidumping And Contervailing Duty Laws, Edwin J. Madaj

North Carolina Journal of International Law

No abstract provided.

Arbitration Of Employment Disputes Without Unions, Samuel Estreicher

Chicago-Kent Law Review

No abstract provided.

Secular Humanism And Education, Martha M. Mccarthy

The Journal of Law and Education

No abstract provided.

Within The Confines Of The Law: Abortion And A Substantive Rhetoric Of Liberty, Celeste Michelle Condit

Buffalo Law Review

No abstract provided.

Levels Of Generality In The Definition Of Rights, Laurence H. Tribe, Michael C. Dorf

Cornell Law Faculty Publications

This article focuses on one important aspect of the quest for constitutional meaning: how to determine whether a particular liberty-whether or not expressly enumerated in the Bill of Rights-is a "fundamental" right. Whether under the somewhat tarnished banner of substantive due process or under a different rubric, the designation of a right as fundamental requires that the state offer a compelling justification for limitations of that right. In addition, under the Equal Protection Clause of the Fourteenth Amendment, state-sanctioned inequalities that bear upon the exercise of a fundamental right will be upheld only if they serve a compelling governmental interest. …

Prospects For A Free Trade Agreement Between The United States And The Republic Of China, Ronald A. Cass

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Annotated Criminal Code En Version Quebecois: Signs Of Territoriality In Canadian Criminal Law, Nicholas Kasirer

Dalhousie Law Journal

Why bother annotating the Criminal Code? At first blush the answer seems as plain to the casual reader as it did to Sir Charles: judges and others join Parliament in making criminal law. Indeed, despite the promise implicit in its short title, the Criminal Code is no more than An Act respecting the Criminal Law - a near-code which was and is a boat designed to be full of holes, to the great comfort of those standing by as it was launched in 1892 and, to a lesser extent, those hard at work bailing it out today. Today's Code admits …

Iran-United States Claims Tribunal, Gunnar Lagergren

Dalhousie Law Journal

On 1 July 1981, at the Peace Palace in The Hague, I had the privilege of declaring open the Iran-United States Claims Tribunal, which had been constituted in accordance with the Declarations made by the Government of the Democratic and Popular Republic of Algeria, on 19 January 1981, and adhered to by Iran and the United States of America. As I observed at that time, two great nations had, by agreeing to peaceful settlement of their differences through arbitration, brought to an end a crisis of unique complexity which might well have become a threat to world peace.

Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green

Dalhousie Law Journal

Minority language rights are both historically and politically central to the Canadian constitution. It is also commonly supposed that they are fundamental rights, rooted in principle, and deserving generous interpretation by the courts. For a time, it seemed that the Supreme Court of Canada shared this view. In the Manitoba Language Reference, for example, they said that "The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity." In Mercure v. A.G. of Saskatchewan they reiterated: "It can hardly be gainsaid that language is profoundly anchored in the human condition. Not …

Recent Developments Affecting The International Legal Rights Of Asylum-Seekers In Switzerland: An Overview And Critique, Henry A.J. Ramos

Connecticut Journal of International Law

International observers are typically inclined to think of Switzerland as a leader among nations in the humanitarian field. Underscoring this tendency is a sense of appreciation for that country's historical role in developing the International Committee of the Red Cross,1 its multilingual, multi-cultural traditions,2 and its status as a base of United Nations organizational activity.3 Over the past decade, however, Switzerland's actions in the political asylum domain have seriously undermined its continuing claims to global humanitarian leadership. During this period, as Switzerland has experienced a dramatic increase in the number of asylum status applicants seeking protection in its territory,4 Swiss …

Decline Of The Right Of Locomotion: The Fourth Amendment On The Streets , Tracey Maclin

Cornell Law Review

No abstract provided.

Translating Yonnondio By Precedent And Evidence: The Mashpee Indian Case, Gerald Torres, Kathryn Milun

Duke Law Journal

No abstract provided.

The Negative Constitution: A Critique, Susan Bandes

Michigan Law Review

Part I describes the current approach, which demands adherence to the notion of a negative constitution. Part II critiques the assumptions underlying the current approach and demonstrates its undesirable consequences in decisional law. Part III explores the tenacious barriers to recognition of affirmative governmental duties: the constitutional, philosophical, and common law roots of the notion of a negative constitution, as well as the belief that recognizing affirmative duties would be an invitation to chaos. Finally, Part IV proposes discarding the rhetoric of negative rights and suggests an approach for constructing a theory better designed to effectuate constitutional goals.

Of Two Minds About Law And Minds, Larry Alexander

Michigan Law Review

Present-oriented interpretation is an interpretive approach to legal texts that assigns them the best meaning, in terms of contemporary social policy, that they could plausibly convey were they written today rather than at the actual times of their enactment. Steven Smith has recently argued that present-oriented interpretation is a view of law in which law is literally "mindless." That is, present-oriented interpretation would have us be ruled by the fortuity of what present meanings the words of a text can bear, whereas, according to Smith, we should be ruled by what the enacting political authorities actually decided furthers the public …

The Negative Constitution: A Critique, Susan Bandes

College of Law Faculty

No abstract provided.

What's The Big Idea Behind The Idea-Expression Dichotomy? -- Modern Ramifications Of The Tree Of Porphyry In Copyright Law, Amaury Cruz

Florida State University Law Review

No abstract provided.

Feminism And Adaptive Heroinism: The Paradigm Of Portia As A Means Of Introduction, Jane Maslow Cohen

Tulsa Law Review

No abstract provided.

Quotations And Actual Malice: Bridging The Gap Between Fact And Fiction, Mark A. Byrd

Northern Illinois University Law Review

An overview of libel law is presented as a backdrop for an examination of how the law of libel is applied to purported quotations which are inaccurate. The author discusses the approach which was taken by the Ninth Circuit in Masson v. New Yorker Magazine, and concludes that the court applied an inappropriate test. The comment concludes with a recommendation for an appropriate test for libel when the allegedly libelous material is a purported quotation.

Santa Clara Magazine, Volume 32 Number 4, Summer 1990, Santa Clara University

Santa Clara Magazine

10 - WHAT'S UP WITH COMIC BOOKS? Comic books aren't what they used to be but they continue to charm our children. By Mitch Finley '73

14 - STRESS, ILLNESS, AND PSYCHOTHERAPY The meaning of a stressful situation determines whether it is perceived as a challenge to be overcome or a demoralization. By Jerome D. Frank

18 - A BEELINE TO THE USA "Killer" bees have been winging their way from Brazil since scores of queens escaped a Sao Paolo lab in 1957. By Paul M. McCarthy '46

21 - PROMISE & OPPORTUNITY An economic forecast for the 1990s by …

Domestic Violence And Social Relations Of Conflict In Fiji, Pauline Mckenzie Aucoin

Pacific Studies

No abstract provided.

Vol. 13 No. 3 (1990): 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 Hidden Pain: Drunkenness And Domestic Violence In Palau, Karen L. Nero

Pacific Studies

No abstract provided.

Critical Theory And Postmodernism: On The Interplay Of Ethics, Aesthetics, And Utopia In Critical Theory, Seyla Benhabib

Cardozo Law Review

No abstract provided.

Ideology And Faculty Selection, Judith Jarvis Thomason

Law and Contemporary Problems

No abstract provided.

Regulating Physician Investment And Referral Behavior In The Competitive Health Care Marketplace Of The '90s—An Argument For Decentralization, Kimberly A. King

Washington Law Review

Congress regulates the investment and referral practices of physicians through the federal Anti-Fraud and Abuse statute. The Anti-Fraud and Abuse statute, however, limits the ability of physicians to adapt their investment and referral practices to an increasingly competitive health care industry. In order to restrict fraudulent practices without restricting competition, the authority to regulate physician investment and referral practices should be returned to the states, who can recognize and exempt beneficial competitive practices from the reach of the applicable state statutes.

Vol. 13 No. 3 (1990): 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 …

Person, Assertion, And Marriage: On The Nature Of Household Violence In Bun, Nancy Mcdowell

Pacific Studies

No abstract provided.

Spare The Rod And Spoil The Woman? Family Violence In Abelam Society, Richard Scaglion

Pacific Studies

No abstract provided.