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Intuition And Security In Moral Philosophy, Stephen R. Munzer Feb 1984

Intuition And Security In Moral Philosophy, Stephen R. Munzer

Michigan Law Review

A Review of Moral Thinking: Its Levels, Method, and Point by R.M. Hare


Defending Equality: A View From The Cave, James S. Fishkin Feb 1984

Defending Equality: A View From The Cave, James S. Fishkin

Michigan Law Review

A Review of Spheres of Justice: A Defense of Pluralism and Equality by Michael Walzer


Woolsack 1984 Volume 24 Number 5, University Of San Diego School Of Law Student Bar Association Jan 1984

Woolsack 1984 Volume 24 Number 5, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

There go some more parking paces: University Center Planned to Meet Campus Growth

Bar Passage Rate Highest in Two Years

Tuition Increase Reduced by $70

Placement Office Leases LA Hotel for Off-Campus Recruiting Program

Editorials and Comment

Vatican Envoy See Church and US Working Toward World's 'Common Good' by Sarah Capito

Letter to the Editor

Con Law Contest Starts Tuesday; Law & Motion in February

Library News by Barbara St. Sauver

Mask, Wright Headline Summer European Programs

Panel Debates SD Off-Shore Oilers by Stephan Cohn

Nukes Topic of Thomas More Talk

Sports

Kaypro Corporation's Computer Donation Pushes …


Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon Jan 1984

Draft Of Conceptual/Linguistic Analysis - 1984, Wendy J. Gordon

Scholarship Chronologically

Conceptually, what I'm interested in here is the extent to which the labels “tort” and “property” have utility. So I am interested in discovering also what these categories mean, how they can be used, and the danger in their misuse.


Privacy: Control Over Stimulus Input, Stimulus Output, And Self-Regarding Conduct, Paul Siegel Jan 1984

Privacy: Control Over Stimulus Input, Stimulus Output, And Self-Regarding Conduct, Paul Siegel

Buffalo Law Review

No abstract provided.


Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams Jan 1984

Reinterpreting The Religion Clauses: Constitutional Construction And Conceptions Of The Self, Susan H. Williams

Articles by Maurer Faculty

The first amendment guarantees freedom from "law[s] respecting an establishment of religion or prohibiting the free exercise thereof." The apparent tension between the two clauses of this provision has generated judicial confusion and scholarly disagreement. The perceived conflict between the religion clauses is the product of a particular understanding of what is most fundamental about human identity and the human situation - an understanding that derives from classical liberal political theory and that assumes a sharp division between the individual and his community. This Note proposes an alternative to the liberal conception of human identity, one that encompasses both the …


Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown Jan 1984

Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown

Northwestern Journal of International Law & Business

Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers …


State Adoption Of Federal Law - Legislative Abdication Or Reasoned Policymaking?, Arnold Rochvarg Jan 1984

State Adoption Of Federal Law - Legislative Abdication Or Reasoned Policymaking?, Arnold Rochvarg

All Faculty Scholarship

There is little doubt that in order to best fulfill public policy goals,

coordination between the federal and state governments is

desirable.' Coordination has been sought over the years, for example,

by federal grants-in-aid, and the enactment of federal laws which are

dependent upon state law. One technique which has been employed

by the states to further coordinate state and federal law is incorporation

of federal law into state law. Although it is beyond question that

there is no constitutional problem when a state legislature adopts

existing federal law or regulations: constitutional questions do arise

when a state attempts to …


The Medicine Line: A Border Dividing Tribal Sovereignty, Economies And Families, Sharon O'Brien Jan 1984

The Medicine Line: A Border Dividing Tribal Sovereignty, Economies And Families, Sharon O'Brien

Fordham Law Review

No abstract provided.


Individuals As Subjects Of International Law, M. W. Janis Jan 1984

Individuals As Subjects Of International Law, M. W. Janis

Cornell International Law Journal

No abstract provided.


Developments At The International Court Of Justice: Provisional Measures And Jurisdiction In The Nicaragua Case, Michael P. Malloy Jan 1984

Developments At The International Court Of Justice: Provisional Measures And Jurisdiction In The Nicaragua Case, Michael P. Malloy

NYLS Journal of International and Comparative Law

No abstract provided.


The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton

Articles

No abstract provided.


Circumstances Within Our Control: Promoting Freedom Of Expression Through Cable Television, Mark Mininberg Jan 1984

Circumstances Within Our Control: Promoting Freedom Of Expression Through Cable Television, Mark Mininberg

UC Law Constitutional Quarterly

No abstract provided.


Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld Jan 1984

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

Articles

The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.


Cuba's System Of International Commercial Arbitration: A Convergence Of Soviet And Latin American Trends, Enrique Dahl, Alejandro M. Garro Jan 1984

Cuba's System Of International Commercial Arbitration: A Convergence Of Soviet And Latin American Trends, Enrique Dahl, Alejandro M. Garro

University of Miami Inter-American Law Review

No abstract provided.


Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper Jan 1984

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, Philip Soper

Book Chapters

Confronted with standards beyond those obvious in purpose and rule, the positivist, says Dworkin, has two choices. He must either claim that such standards are only discretionary and hence not legally binding, or he may concede their binding status and argue that he identifies them as legal standards through reference, in some more complex way, to his theoretical master test.

There is, however, a third possibility. The positivist might admit that some standards bind judges but explain that they play a role in the legal system sufficiently different from that of ordinary rules and principles to justify excluding them from …


Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld Jan 1984

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

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

No abstract provided.


Group Exemptions For Exclusive Distribution Agreements In The Common Market, 9 N.C. J. Int'l L. & Com. Reg. 231 (1984), William Mcgrath Jan 1984

Group Exemptions For Exclusive Distribution Agreements In The Common Market, 9 N.C. J. Int'l L. & Com. Reg. 231 (1984), William Mcgrath

UIC Law Open Access Faculty Scholarship

No abstract provided.


Harold J. Berman, Law And Revolution: The Formation Of The Western Legal Tradition, David A. Funk Jan 1984

Harold J. Berman, Law And Revolution: The Formation Of The Western Legal Tradition, David A. Funk

Valparaiso University Law Review

No abstract provided.


Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt Jan 1984

Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt

Michigan Journal of International Law

In the immediate past modem communication means such as efficient telephone and television systems have been viewed as the luxuries of well developed economies. Rapid advances in the field of communications and computer technologies have changed this basic outlook. Now, it is possible to use these technologies as tools of economic growth in both developed and developing countries. This is primarily because cost has gone down while efficiency has gone up. A recent article concerning small computers demonstrates the point. "If the aircraft industry had developed as spectacularly as the computer industry over the past twenty-five years, a Boeing 767 …


Preliminary Injunctions: The Varying Standards, Arthur D. Wolf Jan 1984

Preliminary Injunctions: The Varying Standards, Arthur D. Wolf

Faculty Scholarship

The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their …


Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham Jan 1984

Hart's Definition And Theory In Jurisprudence Again, Robert Birmingham

Faculty Articles and Papers

No abstract provided.


The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman Jan 1984

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Elisabeth Haub School of Law Faculty Publications

The special problem of identifying the juridical nature of coastal indentations is but one aspect of a more fundamental problem: the need to accommodate the legitimate exclusive interests of coastal states in maximizing wealth, power, and national security with the inclusive interests of the community of states in maximizing freedom of the seas. Throughout historical cycles of mares liberum and clausum, this fundamental accommodation has remained the central focus of the international law of the sea. Even today, after thoroughgoing codification efforts in 1958 and 1982: the legal regime of the oceans remains in transition.


Biology, Equality, And The Law: The Legal Significance Of Biological Sex Differences, Kingsley R. Browne Jan 1984

Biology, Equality, And The Law: The Legal Significance Of Biological Sex Differences, Kingsley R. Browne

SMU Law Review

No abstract provided.


Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade Jan 1984

Constitutional Review Of Building Codes And Zoning Ordinances Applied To Parochial Schools: City Of Sumner V. First Baptist Church, Philip R. Meade

Seattle University Law Review

The First Baptist Church court should not have required strict scrutiny of either the building code or the zoning ordinance applications. In reaching its decision, the court incorrectly analyzed Supreme Court decisions construing the free exercise clause, and drew mistaken parallels between the two Sumner ordinances and laws that the Supreme Court has identified as burdening religious freedom. The court should have distinguished between generally applicable laws such as Sumner's building code and zoning ordinance that, in regulating the peripheral aspects of religious conduct, incidentally make a religious practice less convenient or more expensive, and laws that effectively penalize the …


The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman Jan 1984

The Juridical Status Of The Gulf Of Taranto: A Brief Reply, Gayl S. Westerman

Syracuse Journal of International Law and Commerce

The author examines the issue of coastal indentations in relation to the international law of the sea and argues that Professor Natalino Ronzitti has erroneously concluded that the Gulf of Taranto is an historic bay.


Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs Jan 1984

Understanding "Understanding:" Industrial Relations Research And Policy In Canada From 1969 To 1984...And Beyond, Harry W. Arthurs

Articles & Book Chapters

This paper is the H.D. Woods Memorial Lecture presented at the 1984 Annual Meeting of the Canadian Industrial Relations Association, Guelph, Ontario.


Chapter 2: Battered Women Jan 1984

Chapter 2: Battered Women

Women's Annotated Legal Bibliography

Cases — p. 67

Legal Response to the Problem of Battered Women — p. 70

Battered Women Who Fight Back — p. 80

General Issues — p. 87


Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman Jan 1984

Press Privacy And Malice: Reflections On New York Times Co. V. Sullivan, Irving R. Kaufman

Cardozo Law Review

No abstract provided.


Individuals As Subjects Of International Law, Mark Weston Janis Jan 1984

Individuals As Subjects Of International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.