Digital Commons Network^™

Allowing Free Reign In The Military Establishment: Has The Court Allowed Too Much Deference Where Constitutional Rights Are At Stake? (United States V. Stanley), Michael I. Braverman

NYLS Journal of Human Rights

No abstract provided.

International Humanitarian Law And The Rights Of The Child: Article 38, Lisa M. Hitch

NYLS Journal of Human Rights

No abstract provided.

Aftermath Of Nuremberg: The Trial Of Klaus Barbie, Nicholas R. Doman

University of Colorado Law Review

No abstract provided.

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 …

Obtaining Preliminary Injunctions Under Section 156 Of The Railway Labor Act: Is Irreparable Harm Really Needed, John F. Licari

Villanova Law Review (1956 - )

No abstract provided.

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.

Book Review Of Constitutional Faith, Herbert Hovenkamp

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

Book Review of Constitutional Faith. By Sanford Levinson. Princeton: Princeton University Press. 1988. Pp. xii, 243. Reviewed by: Herbert Hovenkamp.

Conflict Resolution In Industrial Relations, Theodore J. St. Antoine

Book Chapters

Only about one-fifth of the American labor force is unionized. With certain important exceptions, therefore, no formal machinery exists to resolve the various disputes that arise between a majority of the country's workers and their employers. The exception, which will not be treated in detail in this study, relate to (1) the right to organize into unions, which has been protected in most of the private sector since 1935 by the National Labor Relations Act and in the public sector since the 1960s by federal law and regulation covering U.S. Government employees and by statutes in about thirty states covering …

Toward Unifying Ownership And Control In The Public Corporation, George W. Dent

Faculty Publications

In 1932, Adolf Berle and Gardiner Means published the seminal book, The Modern Corporation and Private Property. This work set forth the thesis that corporate law's central dilemma has been the separation of ownership and control in publicly held corporations. Over the years, the Berle-Means thesis has been tossed aside by critics who argue that economic forces compel managers to act as if the shareholders were in control and by those who welcome the idea that managers are able to exercise their more enlightened business acumen. On the other hand, those who share concerns over the separation of ownership and …

Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky

Faculty Publications

Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …

Mercenary Activity: United States Neutrality Laws And Enforcement, Allaoua Layeb

NYLS Journal of International and Comparative Law

No abstract provided.

The Corporate Organizing Campaign: A Double-Edged Sword, Elizabeth L. Mullikin

South Carolina Law Review

No abstract provided.

Law And Alternative Security, Burns H. Weston

Michigan Journal of International Law

Rightly or wrongly, nuclear weapons are regarded, in their threat role at least, as effective guardians of national security. Yet nothing is more menacing to the survival of our planet than the credibly communicated threat to use nuclear weapons if and when sufficiently provoked. Ergo, to escape the mind-boggling risks posed by nuclear deterrence, thinking about how to ensure world security without relying upon nuclear weapons, either extensively or at all, is as much a political as it is a moral imperative- in truth, a matter of physical survival. Without an effective alternative to nuclear deterrence, there is no …

Treaties In A Constitutional Democracy, Louis Henkin

Michigan Journal of International Law

This essay is an adaptation of one of the Cooley Lectures delivered at the University of Michigan Law School, Nov. 14-16, 1988, on the theme "Constitutionalism, Democracy and Foreign Affairs," due to be published by Columbia University Press in 1990.

Jesse Jackson And The New Civil Rights Movement, Harold A. Mcdougall

MC Law Review

No abstract provided.

Airline Employee Slowdowns And Sickouts As Unlawful Self Help: A Legal And Statistical Analysis, James J. Mcdonald Jr., Ephraim Asher

Journal of Air Law and Commerce

No abstract provided.

A Republic...If You Can Keep It, Hans A. Linde

UC Law Constitutional Quarterly

No abstract provided.

Race, Radicalism, And Reform: Historical Perspective On The 1879 California Constitution, Harry N. Scheiber

UC Law Constitutional Quarterly

No abstract provided.

The Revolution In American Law Schools, David Barnhizer

Cleveland State Law Review

The majority of this Article has considered some of the changes that have come about in the focus of legal scholarship. Of equal importance are the shifts in curriculum and content that the schools have experienced. In some ways the shifts mirror changes in academic focus but curricular change has by and large altered much of what is actually done in the law schools while seeming, on the surface, to remain largely the same. The curriculum of the Cleveland State University College of Law provides an example of how law schools have responded innovatively to an expanded sense of professional …

Montana Curtails Joint And Several Liability, John Richardson

Montana Law Review

Montana Curtails Joint and Several Liability

Tort Law: A Private Contractor In Government Clothing, Walt A. Linscott

University of Dayton Law Review

Boyle v. United Technologies Corp., 108 S. Ct. 2510 (interim ed. 1988).

Respect For Diversity: The Case Of Feminist Legal Thought, Carl W. Tobias

Law Faculty Publications

Respect for diversity was one quality many faculty members considered significant when searching in 1987 for a new dean of the University of Michigan School of Law. Yet other so-called elite law schools and less prestigious institutions recently have evinced little concern for diversity and even indifference toward the idea. Tenure and appointment disputes at several Ivy League schools have sparked heated controversy and call into question their institutional commitments to diversity. Those disputes have involved the legitimacy of work by women in legal theory and feminist legal thought, although considerable contentious activity also seems to reflect a general lack …

Deregulation - The United States Experience, Charles G. Moerdler

Hofstra Labor & Employment Law Journal

No abstract provided.

Reforming The National Labor Relations Act: A Cautionary Note, David Weinstein

Hofstra Labor & Employment Law Journal

No abstract provided.

Away From Justice And Fairness: The Foreign Country Exception To The Federal Tort Claims Act, Kelly Mccracken

Loyola of Los Angeles Law Review

No abstract provided.

The Early Role Of The Attorney General In Our Constitutional Scheme: In The Beginning There Was Pragmatism, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

This article attempts to accomplish two distinct but related objectives. First, it initiates the proposed systematic study of the Office of the Attorney General by examining its early role. Second, it explores how these early experiences help to answer today's questions. To those ends, part I examines the establishment of the Office of the Attorney General. Studying the genesis of the office and contrasting it to the other significant offices created by the First Congress, such as the Secretaries of Foreign Affairs, War, and Treasury, reveals the priorities and concerns of these early legislators, many of whom had been instrumental …

Contract Scholarship And The Reemergence Of Legal Philosophy, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

It has been thirty years since Arthur Corbin's eight-volume treatise on contracts appeared in condensed form as a one-volume edition. No scholarly book on contract law of comparable scope has been published since. This void in contract law scholarship has been filled only by the occasional law review article, by books discussing particular aspects of contract law, and by the ongoing revisions of the Restatement of Contracts that culminated in the publication of the Restatement (Second) of Contracts in 1979.

The dominant legal climate has not been friendly to any form of literature that attempts to explicate legal doctrine systematically, …

European Community/Hungary Relations, Donald E. Dekieffer

Case Western Reserve Journal of International Law

No abstract provided.

Humanitarian Law, El Salvador, And Protocol Ii: Do These Equal Substantive International Law, E. Marie Wheeler

Case Western Reserve Journal of International Law

No abstract provided.

Cumulative Subject Index To Volumes 1-20, Index

Case Western Reserve Journal of International Law

cumulative subject index