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National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park Jan 1989

National Law And Commercial Justice: Safeguarding Procedural Integrity In International Arbitration, William W. Park

Faculty Scholarship

The law chosen to govern the merits of an international contract dispute does not always lead to results hat satisfy an arbitrator's personal sense of what is right. The arbitrator therefore may be tempted to resolve the dispute according to his own notion of justice. Seduced away from the rules of the otherwise applicable law, the arbitrator may take on unauthorized powers of amiable composition. While most international arbitrators are conscientious in respecting the bounds of their mission, some have been known to boast of their skill in finding ways to bypass the established rules of the party-chosen law. …


A New Litany Of Personal Jurisdiction, Margaret G. Stewart Jan 1989

A New Litany Of Personal Jurisdiction, Margaret G. Stewart

University of Colorado Law Review

No abstract provided.


Volume 40 Issue 2 (1989), Case Western Reserve Law Review Jan 1989

Volume 40 Issue 2 (1989), Case Western Reserve Law Review

Case Western Reserve Law Review

No abstract provided.


The Meaning Of Morality, George P. Fletcher Jan 1989

The Meaning Of Morality, George P. Fletcher

Faculty Scholarship

Many lawyers, both inside and outside the law schools, suffer from insecurity about our discipline. Instead of thinking of ourselves as the curators of a grand tradition in Western thought, many of us think of the law as a collection of doctrinal formulas and rules imposed on us by legislatures and the highest courts. We are always looking elsewhere to find a source of wisdom that will give the law coherence and meaning. At various times in this century we have looked to sociology, anthropology, psychoanalysis and, of course, economics in an effort to ground our ideas in firmer soil. …


Legal Affinities, Joseph Vining Jan 1989

Legal Affinities, Joseph Vining

Articles

Not long ago, any question of the kind "How may theology serve as a resource in understanding law?" would have been hardly conceivable among lawyers. When Lon Fuller brought out his first book in 1940, The Law in Quest of Itself, he could think of no better way of tagging his adversary the legal positivist than to note a "parallel between theoretical theology and analytical jurisprudence." Two decades later, in the name of realism, Thurman Arnold dismissed Henry Hart's non-positivist jurisprudence in harsh terms. A master of the cutting phrase, he confidently entitled his attack "Professor Hart's Theology." Two decades …


The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo Jan 1989

The Legal Protection Of Computer Software In The People's Republic Of China, Elisa Cirillo

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver Jan 1989

Friendship, Commerce And Navigation Treaties And United States Discrimination Law: The Right Of Branches Of Foreign Companies To Hire Executives “Of Their Choice”, Gerald D. Silver

Fordham Law Review

No abstract provided.


In Defence Of Poesie, Michael L. Richmond Jan 1989

In Defence Of Poesie, Michael L. Richmond

Fordham Law Review

No abstract provided.


Trade Dress Protection: Inherent Distinctiveness As An Alternative To Secondary Meaning, William F. Gaske Jan 1989

Trade Dress Protection: Inherent Distinctiveness As An Alternative To Secondary Meaning, William F. Gaske

Fordham Law Review

No abstract provided.


Contradiction And Denial, Pierre Schlag Jan 1989

Contradiction And Denial, Pierre Schlag

Publications

No abstract provided.


Current Theories On Expert And Novice Thinking: A Full Faculty Considers The Implications For Legal Education, John B. Mitchell Jan 1989

Current Theories On Expert And Novice Thinking: A Full Faculty Considers The Implications For Legal Education, John B. Mitchell

Faculty Articles

The author makes practical suggestions on how to improve law school pedagogy based upon schema and expert/novice theory.


Title Index Jan 1989

Title Index

Duke Law Journal

No abstract provided.


Justice White Mixes More Than Just Color To Create A New Shade Of Racial Protection, Richard A. Di Lisi Jan 1989

Justice White Mixes More Than Just Color To Create A New Shade Of Racial Protection, Richard A. Di Lisi

Case Western Reserve Law Review

No abstract provided.


Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary S. Lawson Jan 1989

Aids, Astrology, And Arline: Towards A Casual Interpretation Of Section 504, Gary S. Lawson

Faculty Scholarship

Section 504 of the Rehabilitation Act of 1973 provides that "[n]o otherwise qualified individual with handicaps shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under [any federal or federally funded program]."' In School Board v. Arline, the Supreme Court held that a school teacher with a history of infectious tuberculosis was an "individual with handicaps" protected by section 504, and that the determination of whether she was "otherwise qualified" to teach elementary school required a sound medical assessment of the risks of contagion posed by …


Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum Jan 1989

Freedom Of Communicative Action: A Theory Of The First Amendment Freedom Of Speech, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

We are still searching for an adequate theory of the first amendment freedom of speech. Despite a plethora of judicial opinions and scholarly articles, there are fundamental conflicts over the meaning of the words "Congress shall make no law ... abridging the freedom of speech." This Article examines the possibility that recent developments in social theory can aid our understanding of the freedom of speech. My thesis is that Jiirgen Habermas' theory of communicative action can serve as the basis for an interpretation of the first amendment that fits the general contours of existing first amendment doctrine and provides a …


Racist Speech And The First Amendment, R. George Wright Jan 1989

Racist Speech And The First Amendment, R. George Wright

MC Law Review

No abstract provided.


Tender Offers In The European Community: The Playing Field Shrinks, Jeffrey P. Greenbaum Jan 1989

Tender Offers In The European Community: The Playing Field Shrinks, Jeffrey P. Greenbaum

Vanderbilt Journal of Transnational Law

This Article discusses the Proposal in the European Community to standardize the tender offer process in the Single European Market of 1992. The Proposal promotes equal treatment of shareholders and contains substantive measures to achieve this goal. Mr. Greenbaum compares the Proposal to its United States counterpart, the 1968 Williams Act, notes the different approach taken by the Williams Act, with its emphasis on disclosure rather than substantive regulation, and examines these different approaches primarily in the context of hostile tender offers. Mr. Greenbaum shows that the Proposal's procedural requirements for the bidder and restrictions on target management defenses leave …


The Marine Mammal Protection Act And International Protection Of Cetaceans: A Unilateral Attempt To Effectuate Transnational Conservation, Laura L. Lones Jan 1989

The Marine Mammal Protection Act And International Protection Of Cetaceans: A Unilateral Attempt To Effectuate Transnational Conservation, Laura L. Lones

Vanderbilt Journal of Transnational Law

This Note examines how the United States has used the Marine Mammal Protection Act to further international protection of cetaceans--dolphins, porpoises, and whales. The author first reviews the manifold reasons for protecting cetaceans. The author next describes the international operation of the Act as amended in 1984 by surveying those sections that have an impact on United States relations with other states and the regulations and cases that implement those sections. The author concludes that these restrictions have produced a decline in porpoise mortality, although more can be done. The author next describes the successes of the Act's treaty program. …


Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold Jan 1989

Single Family Use Covenants: For Achieving A Balance Between Traditional Family Life And Individual Autonomy, Gerald Korngold

Articles & Chapters

No abstract provided.


Deconstructing Gender, Joan C. Williams Jan 1989

Deconstructing Gender, Joan C. Williams

Faculty Scholarship

No abstract provided.


Law, Literature, And The Celebration Of Authority, Robin West Jan 1989

Law, Literature, And The Celebration Of Authority, Robin West

Georgetown Law Faculty Publications and Other Works

Richard Posner's new book, Law and Literature: A Misunderstood Relation, is a defense of “liberal legalism” against a group of modern critics who have only one thing in common: their use of either particular pieces of literature or literary theory to mount legal critiques. Perhaps for that reason, it is very hard to discern a unified thesis within Posner's book regarding the relationship between law and literature. In part, Posner is complaining about a pollution of literature by its use and abuse in political and legal argument; thus, the “misunderstood relation” to which the title refers. At times, Posner suggests …


Work On A Labor Theory Of Meaning, Kenneth M. Casebeer Jan 1989

Work On A Labor Theory Of Meaning, Kenneth M. Casebeer

Articles

No abstract provided.


Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw Jan 1989

Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw

Faculty Scholarship

One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …


A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas Jan 1989

A House Divided Against Itself: A Comment On "Mastery, Slavery, And Emancipation", Kendall Thomas

Faculty Scholarship

Hegel argues in the preface to the Philosophy of Right that "every individual is a child of his time; so philosophy too is its own time apprehended in thoughts." "It is just as absurd," he maintains, "to fancy [the German word is einbilden: imagine, presume] that a philosophy can transcend its contemporary world as it is to fancy that an individual can overleap his own age, jump over Rhodes." This is a hard saying. It suggests that " '[t]here is not one of our ideas or one of our reflexions which does not carry a date.' " The fact that …


Originalism As Transformative Politics, Lawrence B. Solum Jan 1989

Originalism As Transformative Politics, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

One might easily paint a picture in which the central question debated in constitutional jurisprudence in recent years was whether originalism is the correct theory of constitutional interpretation. This portrait of a constitutional debate could be quite dramatic. Prominent among the figures on the originalist side stand former Judge Robert Bork, Chief Justice William Rehnquist, former Attorney General Edwin Meese, and scholar Raoul Berger. Their opponents, the nonoriginalists, include Senator Joseph Biden, Associate Justice William Brennan, and a host of constitutional scholars. The stakes of the debate seem high: will the legacy of the Warren Court be dismantled by the …


Is Law Politics?, Philip Chase Bobbitt Jan 1989

Is Law Politics?, Philip Chase Bobbitt

Faculty Scholarship

Red, White, and Blue addresses the pervasive presence of five general theories of American constitutional law. These theories reflect particular jurisprudential ideologies governing, among other things, the legitimacy of certain arguments, the appropriateness of certain occasions for judicial intervention and the constitutional basis for judicial review. What makes this book interesting and important is that it provides an unwitting or at least unself-conscious example of the general theorizing it wishes to explain. For this reason, its descriptions of the particular family of theories that characterize American constitutional jurisprudence are distorted, while it disclaims any account of the particular set of …


Common Mistake In English Law: The Proposed Merger Of Common Law And Equity, Andrew B.L. Phang Jan 1989

Common Mistake In English Law: The Proposed Merger Of Common Law And Equity, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

Although the law relating to common mistake’ has engendered a plethora of conundrums, many problem areas have in fact been well-traversed in the literature.‘ The present article does not seek to re-cover such welltrodden ground, but attempts, instead, to suggest a different and more systematic approach that would effect a merger of the common law and equitable3 branches of common mistake into one coherent, doctrine.


From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney Jan 1989

From Columbus To Cooperation - Trade And Shipping Policies From 1492 To 1992, Joseph C. Sweeney

Fordham International Law Journal

This Article summarizes the history of international trade agreements from the time of Columbus to the present.


Alaska’S Criminalization Of Refusal To Take A Breath Test: Is It A Permissible Warrantless Search Under The Fourth Amendment, D. Bernard Zaleha Dec 1988

Alaska’S Criminalization Of Refusal To Take A Breath Test: Is It A Permissible Warrantless Search Under The Fourth Amendment, D. Bernard Zaleha

Alaska Law Review

No abstract provided.


Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg Dec 1988

Family Feud: A Response To Robert Weisberg On Law And Literature, Richard H. Weisberg

Articles

The article engages in a critical dialogue with Robert Weisberg's work on the intersection of law and literature, particularly his skepticism toward the field's potential for sentimentality and his resistance to the literary text as a primary source of legal insight. The author argues that literature provides a unique lens for understanding the irrationalities and ethical dimensions of legal discourse, challenging Weisberg's dismissal of its value. The article contends that Law and Literature must embrace its subversive potential to critique legal assumptions and institutional language, while also addressing the broader cultural and epistemological challenges facing interdisciplinary scholarship.