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Marriage Settlements 1601-1740, Lloyd Bonfield

Books

The history of the family has become an area of great interest, yet the property arrangements entered into upon marriage, a crucial aspect of the process of familial wealth transmission and distribution in the landed classes in early modern England, have never been systematically studied. In the light of evidence provided by hitherto unused family muniments, Dr Bonfield analyses the legal, social and economic aspects of these settlements, and discusses the development and impact of the strict settlement.

Eliminating The "Defect" In Design Strict Products Liability Theory, John L. Diamond

Faculty Scholarship

No abstract provided.

Rape, Racism, And The Law, Jennifer Wriggins

Faculty Publications

The historical legacy of the racist social meaning of rape and the consequences of that legacy are the focus of this article. The article, written in 1983, analyzes the U.S. law of rape, its history, and its legacy, from a perspective that is both feminist and antiracist. It examines the intersections and interactions of race and gender subordination in the context of rape, particularly looking at race and gender issues involving African-Americans and whites. It describes how the legal system’s selective acknowledgement of rape has disproportionately targeted African-American men for punishment and made African-American women both particularly vulnerable and particularly …

The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White

Articles

My subject today is "legal literacy," but to put it that way requires immediate clarification, for that phrase has a wide range of possible meanings with many of which we shall have nothing to do. At one end of its spectrum of significance, for example, "legal literacy" means full competence in legal discourse, both as reader and as writer. This kind of literacy is the object of a professional education, and it requires not only a period of formal schooling but years of practice as well. Indeed, as is also the case with other real languages, the ideal of perfect …

No Monopoly On Monopoly: Anti-Monopoly, Inc. V. General Mills Fun Group, Inc., Harry M. Baldinger

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Beyond The Fcn Treaty: Japanese Multinationals Under Title Vii, Stacey M. Rosner

Fordham Law Review

No abstract provided.

The Jurisprudence Of Comparative Legal Systems, Stephen C. Hicks

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Attack On The Eha: The Education For All Handicapped Children Act After Board Of Education V. Rowley, Karl Boettner

Seattle University Law Review

The Rowley Court had the opportunity to reverse state erosions of the EHA. Unfortunately, the Court ratified and encouraged such attacks. The Court's educational benefit standard demands as little as Washington's "suitable education" standard. The Rowley Court suggested a way to sidestep the IEP process which is similar to Washington's avoidance method. Finally, the Court eliminated judicial review of state administrative decisions regarding educational standards and the educational programs of handicapped children. The Rowley Court justified this elimination by claiming that parental ardor and participation in the IEP process were sufficient remaining safeguards for handicapped children. However, effective exclusion of …

Legal Theory And The Problem Of Definition, Philip E. Soper

Reviews

Natural Law and Natural Rights is a refreshingly direct book about some decidedly difficult matters. It is also a book that refuses to do homage to the complexity of its subject by limiting the topics covered. Here is virtually a mini-treatise in moral philosophy, with illuminating discussions on the whole range of human value and on a good part of the related range of metaethics, legal theory, political theory, and the problems of methodology in the descriptive social sciences.

The Invisible Discourse Of The Law: Reflections On Legal Literacy And General Education, James Boyd White

University of Colorado Law Review

No abstract provided.

The Japanese Law In English: Some Thoughts On Scope And Method, Dan F. Henderson

Vanderbilt Journal of Transnational Law

Japanese law is a fledgling topic of comparative law in this country. The rapid growth of bilateral business and the integration of the United States and Japanese economies in recent years suggest the need for increased attention to this area. This Article first examines the prewar antecedents and the postwar developments of Japanese law in English in this country. It then reviews the present law school environment for the study of Japanese law as a comparative law subject. Finally, it briefly addresses three key issues basic to the development of this subject.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Casebook on Carriage by Sea.

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxxix, 203. £11.50.

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Casebook on Shipping Law

By E.R. Hardy Ivamy

London: Lloyd's of London Press, 1982. Pp. xxx, 205. £11.50.

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Regional Development Agencies in Europe

Edited by Douglas Yuill

Hampshire, England: Gower, 1982. Pp. vii, 449.$44.50.

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United States Trade Policy Legislation: A Canadian View

By Rodney de C. Grey

Montreal: The Institute for Research on Public Policy, 1982. Pp. xvii, 130. $7.95.

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Transfer of Technology: U.S. Multinationals and Eastern Europe

By Marilyn L. Liebrenz

New York: Praeger Publishers, 1982. …

Predestination And Swiss Arbitration Law: Geneva's Application Of The International Concordat, Philippe Neyroud, William W. Park

Faculty Scholarship

Historically, Geneva has proved an attractive site for international commercial arbitration. Today, however, Geneva's arbitral popularity is threatened by the interventionist practices of Switzerland's cantonal courts, which have liberally interpreted their powers to review and overturn arbitral awards. In an effort to prevent a decline in Switzerland's popularity as an arbitral center, Swiss jurists have recently proposed rules providing for greater arbitral autonomy in the private resolution of international business disputes. The authors analyze Swiss judicial intervention in the arbitral process, the problems inherent in such intervention, and a proposed solution to those problems.

Eliminating The Defect In Design Strict Products Liability Theory, John L. Diamond

UC Law Journal

The twenty years since the introduction of the concept of strict products Liability have been marked by an analytic struggle within the courts as to what standards should govern the imposition of such liability in design defect cases. The struggle, which has focused on the effort to define "design defect" by incorporating both warranty and negligence theories, is reflected in section 402A of the Restatement (Second) of Torts. After examining the origins of strict products liability theory, this Article traces judicial efforts to deal with the theory and section 402A in California, New Jersey and Pennsylvania. The Article argues that …

Discretionary Support Trusts, Evelyn Abravanel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Commercial Arbitration In The Eighteenth Century: Searching For The Transformation Of American Law, Eben Moglen

Faculty Scholarship

Some recent writing on the history of American law, notably that of Morton Horwitz, has observed a "transformation" in the early years of the nineteenth century as a new legal culture replaced the pre-commercial regime and altered rules of law in favor of the commercially active founders of industrial capitalism. In the course of this transformation, Horwitz argues, merchants and lawyers identified possible grounds for an "alliance," in which the lawyers gained social status and a monopoly in adjudicative institutions, while the commercial classes gained a system of law which subsidized their interests at the expense of other classes in …

Death Penalty For Children: The American Experience With Capital Punishment For Crimes Committed While Under Age Eighteen, Victor L. Streib

Oklahoma Law Review

No abstract provided.

Educating For The World View: A Primer On The Role Of U.S. Law Schools, L. Gilles Sion

University of Miami Inter-American Law Review

No abstract provided.

Woolsack 1982 Volume 23 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Record Number Of Students Join Faculty Committees by Douglas Hearn

Consultant Proposes Sweeping Changes For Kratter Law Library by Maureen McNair

Mexico-US Law Institute Co-hosts Immigration Law Symposium with UCSD by Maureen McNair

Sunrise,, Sunset

Psychologist Suggests Ways For Law Professionals To Cope With Stress

Letter to the Editor: "Eating Time" by James D. Scott J.D. Scott and Associates

Speakers Scheduled Through March

University Sees No Short-Term Solutions To Congested Law School Parking by Douglas Hearn

Library Overcrowding: A Questionnaire

Author Speaks on Frankfurter's Federalism

Placement Office Announces 15 New Job Resources

Maiman Schwarzschild: From Turtle Bay …

Civil Punishment And The Public Good, David Owen

Faculty Publications

No abstract provided.

​Constitutional Law -- Indigent State Prisoners Must Be Provided With The Assistance Of Attorneys In Preparing And Filing Legal Papers, Jeffrey Wills Lewis

Florida State University Law Review

Constitutional Law-INDIGENT STATE PRISONERS MUST BE PROVIDED WITH THE ASSISTANCE OF ATTORNEYS IN PREPARING AND FILING LEGAL PAPERS.

Guardians Assn. V. Civil Service Comm'n. N.Y.C., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Alumni News: Vol. 4, No. 3, Valparaiso University School Of Law

Alumni Magazine: Alumni News (1970, 1978-1987) / The Amicus (1987-1995) / Valpo Lawyer (2000-2006) / Annual Review (2013-2020)

No abstract provided.

United States V. Ross And The Container Cases -- Another Chapter In The Police Manual On Search And Seizure, Vincent G. Torpy, Jr.

Florida State University Law Review

No abstract provided.

Title Vi And The Intent/Impact Debate: A Critical Look At "Coextensiveness", Rosemary C. Salomone

Faculty Publications

(Excerpt)

Title VI of the Civil Rights Act of 1964 was enacted as part of a larger package of federal legislation aimed at redressing the wrongs of past discrimination and at preventing future transgressions against members of identified groups—most notably racial minorities. This title of the Act—prohibiting discrimination based upon race, color, or national origin in federally assisted programs or activities—has been relied upon by private individuals and administrative agencies to remedy discrimination in education, employment, housing, and more recently in health care and other municipal services. As a discrimination statute, Title VI draws its congressional enactment authority from section …

Introduction/Reshaping Confederation: The 1982 Reform Of The Canadian Constitution, Paul Davenport

Law and Contemporary Problems

No abstract provided.

The Historical Context Of Constitutional Change In Canada, Filippo Sabetti

Law and Contemporary Problems

No abstract provided.

The Politics Of Constitutional Change, J. R. Mallory

Law and Contemporary Problems

No abstract provided.

Vol. 6 No. 1 (1982): 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 …

Vol. 6 No. 1 (1982): 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 …