Digital Commons Network^™

Education, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Interspousal Immunity In Pennsylvania, John L. Gedid

Duquesne Law Review

No abstract provided.

Legal Analysis Of The Sino-Soviet Frontier Disputes, Luke T. Chang

UC Law SF International Law Review

In the 1960's the Western World became aware of the border disputes between Russia and China, the origins of which trace back to four 19th Century treaties dealing with the Sino-Soviet border. The author explores the legal positions adopted by China and Russia regarding the "inequality" of these treaties, from the turbulent 1960's to the present, and analyzes the future prospects for Sino-Soviet reconciliation.

The Present Situation In Legal Scholarship, Richard A. Posner

Articles

No abstract provided.

International Law And The Internationalized Contract, A. A. Fatouros

Articles by Maurer Faculty

No abstract provided.

The Mail-Fraud Statute: A Procrustean Bed, 14 J. Marshall L. Rev. 55 (1980), Donald V. Morano

UIC Law Review

No abstract provided.

A Model For The Analysis Of The Language Of Lawyers, Robert Alex Chaim

University of the Pacific Theses and Dissertations

Lawyers have recently become a favorite target for criticism from both within and without their profession; nowhere are they more vulnerable than in their use of the English language. Whether they imitate cuttlefish by obscuring their paths with ink or simply reflect the complexity of twentieth century civilization with their language presents a question not soon to be resolved. Yet since law must serve society and since language must serve law, the questions concerning lawyers' uses and abuses of language will continue to press. Though common in casual debate, most generalizations about the language of lawyers are difficult--if not impossible-- …

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

The Law/Equity Dichotomy In Maryland, C. Christopher Brown

Maryland Law Review

No abstract provided.

Constitutional Limits On State Regulatory And Protectionist Policies, Peter M. Gerhart

Faculty Publications

My theme throughout is this: Although the Supreme Court's sometimes timid review of state regulatory legislation may be explained by its continued allergic reaction to economic due process review, that timidity is often unwarranted because the Constitution does embody several principles that protect the free market from some forms of state intervention.

Book Review: Human Rights And World Public Order By Professors Mcdougal, Lasswell, And Chen, Winston P. Nagan

NYLS Journal of International and Comparative Law

No abstract provided.

The Scope Of Judicial Review: A Dirge For The Theorists Of Majority Rule, Randall Bridwell

South Carolina Law Review

No abstract provided.

Review, Democracy And Distrust, Richard Kay

Faculty Articles and Papers

Reviewing Democracy and Distrust. By John Hart Ely. Cambridge: Harvard University Press, 1980.

The Best Interest Of The Child Doctrine In Wisconsin Custody Cases, Ronald R. Hofer

Marquette Law Review

No abstract provided.

Controlling The Contemporary Loanshark: The Law Of Illicit Lending And The Problem Of Witness Fear, Ronald Goldstock, Dan T. Coenen

Cornell Law Review

No abstract provided.

A New Model For Legal Communication: Sensory Experience And Representational Systems, John L. Barkai

Cleveland State Law Review

This article will present a model for improving oral legal communication. The discussion will demonstrate how human beings create sensory-based models of the parts of the world they experience' and how these models affect the communication process. The three principal sensory-based channels of communication will be described, and the article will explain how both knowledge and use of these channels can improve the rapport and informational functions of communication. Emphasis will be placed on the lawyer's ability to recognize the world model of the people with whom he communicates and to adapt his own process of communication to insure that …

Constitutional Law - Establishment Clause - Teaching Of Science Of Creative Intelligence/Transcendental Meditation In Public Schools Violates Establishment Clause Of First Amendment - Malnak V. Yogi, 592 F.2d 197 (3d Cir. 1979)., Marjorie Gilman Baker

Seton Hall Law Review

No abstract provided.

Eighth Amendment Proportionality Analysis And The Compelling Case Of William Rummel, Charles Walter Schwartz

Journal of Criminal Law and Criminology

No abstract provided.

Contemplating Sinha's Anthropocentric Theory Of International Law As A Basis For Human Rights, Eugene D. Fryer

Case Western Reserve Journal of International Law

No abstract provided.

Cultural Diversity In Custody Disputes, Frederick H. Zemans

All Papers

The Commentaries give us a perspective of the expectations of medieval English society and its laws with respect to child rearing and the transmission of community values. Canada has inherited the common laws' values as articulated by Blackstone and has attempted to integrate them into its very different society.

Heterogeneous and pluralistic, Canada's society contains numerous cultural groups, each of which maintain distinct and independent traditions as well as the various national and religious institutions required to support these traditions.

United Nations Procedures For The Protection Of All Persons Subjected To Any Form Of Detention Or Imprisonment Syposium International Human Rights, Daniel Premont

Santa Clara Law Review

No abstract provided.

Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham

University of Richmond Law Review

So much has been said, written, and emoted concerning the subject of "reverse discrimination" that it represents a veritably frustrating experience to endeavor to come to grips with it in a nonredundant, non-banal, non-breast-beating manner. The difficulty is compounded by the all-too pervasive substitution of passion for reason on the wrenching issue-one that, admittedly, invites passion. Indeed, passion informed not an insignificant number of the record filings of the 120 briefs amicii curiae in the first central "reverse discrimination" case of Regents of the University of California v. Bakke, in which oral argument was presented to the Supreme Court of …

International Law And Basic Human Rights, Louis B. Sohn

International Law Studies

No abstract provided.

The Individual And International Law, Alona E. Evans

International Law Studies

No abstract provided.

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …

Chinese Martial Law: Old Law In A New Matrix, Joshua Potter, Gerald Solk

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

A Conflict Over Land, Francis E. Ackerman

American Indian Law Review

No abstract provided.

United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson

American Indian Law Review

No abstract provided.

Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe

Washington Law Review

This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.