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The Ten Thousand Dollar Question (Review Essay), John Henry Schlegel Jan 1989

The Ten Thousand Dollar Question (Review Essay), John Henry Schlegel

Book Reviews

Review of Laura Kalman, Legal Realism at Yale.


Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg Jan 1989

Opening The International Television Market To Greater Program Diversity, Donna Coleman Gregg

Scholarly Articles

This Article examines various national regulatory systems that govern television programming, their impact on the vitality and diversity of the entertainment program market, and their ability to withstand forces for change.


Legal Theory And Linguistic Reality: A Critical Examination Of Modern Legal Scholarship, Marin Roger Scordato Jan 1989

Legal Theory And Linguistic Reality: A Critical Examination Of Modern Legal Scholarship, Marin Roger Scordato

Scholarly Articles

To establish a starting point for the analysis, I begin by identifying and discussing the possible functions served by scholarship in a legal environment defined by the classic jurisprudence of natural law. I then consider the intellectual challenge posed to natural law jurisprudence by the modern Legal Realist movement and the consequences of that challenge for legal scholarship in particular. Lastly, I attempt to characterize the mainstream of current legal scholarship as a series of variations on two very basic intellectual responses to the modern Realist critique of established legal process and traditional legal scholarship.


Recollections Of Professor Bishop As A Teacher Of Teachers Of Transnational Law, Covey T. Oliver Jan 1989

Recollections Of Professor Bishop As A Teacher Of Teachers Of Transnational Law, Covey T. Oliver

Michigan Journal of International Law

It will be interesting to me to see, should this modest tribute survive editing, whether others writing in this Symposium have also chosen to single out Bill Bishop's influence on a post-World War II generation of teachers of international public law, conflict of laws, comparative public law, and admiralty: men and women who have in considerable part been led, aided, or influenced by him into one or several aspects of the global normative science, named "transnational law" by one of his own great teachers (and mine), Philip C. Jessup.' If others have also sounded this theme, reiteration of it can …


International Advertising: Regulatory Pitfalls For The Unwary Marketer, Peter L. Tracey Jan 1989

International Advertising: Regulatory Pitfalls For The Unwary Marketer, Peter L. Tracey

Penn State International Law Review (1982 - 2011)

International Advertising has opened new vistas of opportunity for many businesses. The decision to sell ·across national boundaries, however, means that the marketer must carefully research the advertising customs and regulations of the target market. Failure to tailor a marketing campaign to local requirements may spell disaster for an otherwise viable product.


United States-Japan Free Trade Area: A Skeptical View, Glen S. Fukushima Jan 1989

United States-Japan Free Trade Area: A Skeptical View, Glen S. Fukushima

Cornell International Law Journal

No abstract provided.


International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood Jan 1989

International Jurisdiction In National Legal Systems: The Case Of Antitrust, Diane P. Wood

Northwestern Journal of International Law & Business

It is no accident that many of the most provocative disputes about the allocation of jurisdiction among nations have arisen in antitrust cases.' Because antitrust regulates the competitive process, and because competition itself never remains neatly within the boundaries of individual countries, the inevitable result is that more than one nation can and does assert the right to prescribe mandatory rules of conduct. This in turn leads to a pressing need to develop rules for the resolution of those jurisdictional conflicts, a need made even more urgent by the absence of a choice of law solution to the problem in …


The International Commercial Arbitration Institutions: How Good A Job Are They Doing?, Richard J. Graving Jan 1989

The International Commercial Arbitration Institutions: How Good A Job Are They Doing?, Richard J. Graving

American University International Law Review

No abstract provided.


Constitutional Reasoning For Rights, Mary Jane Morrison Jan 1989

Constitutional Reasoning For Rights, Mary Jane Morrison

Missouri Law Review

No abstract provided.


Towards A Bill Of Rights For A Democratic South Africa, Albie Sachs Jan 1989

Towards A Bill Of Rights For A Democratic South Africa, Albie Sachs

UC Law SF International Law Review

Instead of a bill of rights for post-apartheid South Africa being a means of protecting group privileges under the guise of protecting group rights, it should be an instrument for enlarging the freedom of the oppressed majority, recognizing the cultural diversity of the country, and guaranteeing equal individual rights for all, irrespective of race, color or creed.


The Trade Imbalance Isn’T The Problem, T. J. Pempel Jan 1989

The Trade Imbalance Isn’T The Problem, T. J. Pempel

Cornell International Law Journal

No abstract provided.


Women, Status, And Power, Anne Griffiths Jan 1989

Women, Status, And Power, Anne Griffiths

Cornell International Law Journal

No abstract provided.


Territorial Applicability Of The Convention: Article 2, John Quigley Jan 1989

Territorial Applicability Of The Convention: Article 2, John Quigley

NYLS Journal of Human Rights

No abstract provided.


Appendix: Convention On The Rights Of The Child Jan 1989

Appendix: Convention On The Rights Of The Child

NYLS Journal of Human Rights

No abstract provided.


Juvenile Justice Provisions Of The Draft Convention On The Rights Of The Child, Cynthia Price Cohen Jan 1989

Juvenile Justice Provisions Of The Draft Convention On The Rights Of The Child, Cynthia Price Cohen

NYLS Journal of Human Rights

No abstract provided.


Non-Discrimination And The Rights Of The Child: Article 2, Lisa M. Hitch Jan 1989

Non-Discrimination And The Rights Of The Child: Article 2, Lisa M. Hitch

NYLS Journal of Human Rights

No abstract provided.


International Baby Selling For Adoption, And The United Nations Convention Of The Rights Of The Child, Ahilemah Jonet Jan 1989

International Baby Selling For Adoption, And The United Nations Convention Of The Rights Of The Child, Ahilemah Jonet

NYLS Journal of Human Rights

No abstract provided.


The Convention On The Rights Of The Child: A Re-Assessment Of The Final Text, Russel Lawrence Barsh Jan 1989

The Convention On The Rights Of The Child: A Re-Assessment Of The Final Text, Russel Lawrence Barsh

NYLS Journal of Human Rights

No abstract provided.


What Can A Lawyer Learn From Literature?, James Boyd White Jan 1989

What Can A Lawyer Learn From Literature?, James Boyd White

Reviews

Judge Posner's recent book, Law and Literature: A Misunderstood Relation, has already attracted considerable attention and it is likely to attract even more. The author is a well-known judge, famous for his work in law and economics; in this book he takes the bold step of entering a field very different from that in which he established his reputation; and the book itself both reflects a wide range of reading and contains an enormous number of bibliographical references, all in support of its claim, made in the preface, to be the "first to attempt a general survey and evaluation …


Evidence Of Character, Habit, And "Similar Acts" In Wisconsin Civil Litigation, Daniel D. Blinka Jan 1989

Evidence Of Character, Habit, And "Similar Acts" In Wisconsin Civil Litigation, Daniel D. Blinka

Marquette Law Review

No abstract provided.


Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue Jan 1989

Schlemmer V. Fireman's Fund Insurance Co.: A Case For Rethinking Arkansas' Choice-Of-Law Rule For Interstate Torts, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.


An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii Jan 1989

An Historical Analysis Of Alien Land Law: Washington Territory And State 1853-1889, Mark L. Lazarus Iii

Seattle University Law Review

The purpose of this Article is to analyze the historical development of Washington's alien land law from the birth of the territory in 1853 to the drafting of the state constitution in 1889. Because alien land law necessarily involves relationships among people, this Article focuses not only on historical legal sources such as statutes, constitutional material, and judicial opinions, but also on the underlying social forces that compelled change in the law. This Article consists of three sections, the first of which is a brief discussion of the common-law roots of alien land disability in feudal England and its subsequent …


Book Review Of The Naacp's Legal Strategy Against Segregated Education, 1925-1950, John Cary Sims Jan 1989

Book Review Of The Naacp's Legal Strategy Against Segregated Education, 1925-1950, John Cary Sims

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

Book Review of The NAACP's Legal Strategy Against Segregated Education, 1925-1950. By Mark V. Tushnet. Chapel Hill, N.C.: The University of North Carolina Press. 1987. Pp. xiv, 166. Reviewed by: John Cary Sims.


Book Review Of The Tenth Justice, Brian K. Landsberg Jan 1989

Book Review Of The Tenth Justice, Brian K. Landsberg

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

Book Review of The Tenth Justice. By Lincoln Caplan. New York, N.Y.: Alfred E. Knopf. 1987. Pp. x, 340. Reviewed by: Brian K. Landsberg.


Book Review Of The First Freedoms: Church And State In America To The Passage Of The First Amendment, Michael W. Mcconnell Jan 1989

Book Review Of The First Freedoms: Church And State In America To The Passage Of The First Amendment, Michael W. Mcconnell

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

Book Review of The First Freedoms: Church and State in America to the Passage of the First Amendment. By Thomas J. Curry. New York and Oxford: Oxford University Press. 1986. Pp. viii, 276. Reviewed by: Michael W. McConnell.


Clyde Wade V. Linda Jobe : Unknown, Utah Supreme Court Jan 1989

Clyde Wade V. Linda Jobe : Unknown, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

No abstract provided.


Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel Jan 1989

Do Professors Need Professional Ethics As Much As Doctors And Lawyers?, James W. Nickel

Center for the Study of Ethics in Society Papers

Papers Published by the Center for the Study of Ethics in Society, Western Michigan University.


English-Only Rules And Innocent Employers: Clarifying National Origin Discrimiation And Disparate Impact Theory Under Title Vii, Linda M. Mealey Jan 1989

English-Only Rules And Innocent Employers: Clarifying National Origin Discrimiation And Disparate Impact Theory Under Title Vii, Linda M. Mealey

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

No abstract provided.


The Constitution As Hard Law, Michael S. Moore Jan 1989

The Constitution As Hard Law, Michael S. Moore

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

No abstract provided.


Advisory Opinions: Cautions About Non-Judicial Undertakings, Robert H. Kennedy Jan 1989

Advisory Opinions: Cautions About Non-Judicial Undertakings, Robert H. Kennedy

University of Richmond Law Review

Justices of several states, unlike members of the federal judiciary, render advisory opinions to governors and legislatures. In those states, the justices have the authority to issue requested opinions in the absence of pending litigation. Although the practice earlier had more widespread use, it has never been employed by all states. Unless carefully circumscribed, the advisory process has considerable unexamined significance.