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Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman Jan 1988

Review Of "Law, Ethics And The Visual Arts" By J.H. Merryman And A. Elsen And "Art Law: Rights And Liabilities Of Creators And Collectors" By F. Feldman, S. Weil, And S. Duke-Biederman, James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead Jan 1988

Controlling Diversion: How Can We Convert The Toshiba-Kongsberg Controversy Into A Victory For The West, Jere W. Morehead

Northwestern Journal of International Law & Business

Since the revelations last year that a Toshiba Corporation subsidiary illegally sold the Soviet Union tools to make superquiet submarine propellers, the United States government has struggled to develop an appropriate response for punishing the Japanese company. Unfortunately, the proposals advanced by the United States have not been directed at using this episode to advance meaningful reforms in both domestic and multilateral export controls. This Perspective will examine the Toshiba-Kongsberg case, summarize the current state of export controls, and suggest a strategy to improve upon the poor record of the West in controlling the diversion of strategic technology to the …


The Treatment Of Terrorists In The Israeli Occupied Territories, Paula E. Marcus Jan 1988

The Treatment Of Terrorists In The Israeli Occupied Territories, Paula E. Marcus

American University International Law Review

No abstract provided.


The Namibian Conflict: A Discussion Of The Jus Ad Bellum And The Jus In Bello, Edward Kwakwa Jan 1988

The Namibian Conflict: A Discussion Of The Jus Ad Bellum And The Jus In Bello, Edward Kwakwa

NYLS Journal of International and Comparative Law

No abstract provided.


The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus Jan 1988

The Right To Life During Armed Conflict: Disabled Peoples' International V. United States, David Weissbrodt, Beth Andrus

Articles

Because of persecution, civil war, and economic despair, millions of people flee from their homes and go to live in other countries where they can stabilize their lives and find a safe place for themselves and their families. In 1998, the United Nations High Commissioner for Refugees estimated the number of people fleeing their home countries to exceed 22 million. 1 The right to seek and enjoy asylum is a well established principle in international law. 2 It has, however, been interpreted consistently as the right of the sovereign state to grant or deny asylum to those within its territory, …


Book Review Of "Government From Reflection And Choice": Constitutional Essays On War, Foreign Relations, And Federalism, Eugene V. Rostow Jan 1988

Book Review Of "Government From Reflection And Choice": Constitutional Essays On War, Foreign Relations, And Federalism, Eugene V. Rostow

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

Book Review of "Government From Reflection and Choice": Constitutional Essays on War, Foreign Relations, and Federalism. By Charles A. Lofgren. New York, N.Y. and Oxford: Oxford University Press. 1986. Pp. xviii, 235. Reviewed by: Eugene V. Rostow.


New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire Jan 1988

New Concepts Of Contract Liabilities In College Sports: Member Institutions V. The National Collegiate Athletic Association, Kenneth L. Shropshire

UC Law SF Communications and Entertainment Journal

"Big time" college sports are governed by the National Collegiate Athletic Association (NCAA). This private association has the ability to make decisions that can have a devastating financial impact on member institutions. This Article examines the contractual relationship between the NCAA and member institutions and maintains that an award of punitive damages may be appropriate in certain contract breach situations.


Advertiser Liability: Soldier Of Fortune Cases Take Deadly Aim At Publishers, Neil L. Shapiro, Karl Olson Jan 1988

Advertiser Liability: Soldier Of Fortune Cases Take Deadly Aim At Publishers, Neil L. Shapiro, Karl Olson

UC Law SF Communications and Entertainment Journal

Publishers traditionally have enjoyed immunity from tort liability in running other parties' advertisements. Two recent suits against Soldier of Fortune magazine, arising from the publication of ads for mercenaries, have proved an exception to this rule. In this Commentary, the authors review the law and urge that negligence alone is an insufficient basis on which to impose liability upon a publisher for running another's ad. Rather, the authors argue that liability should be imposed only when the ad promotes a likelihood of lawless conduct which, in turn, creates a substantial risk of serious bodily harm.


Viet Nam's First Modern Penal Code, John Quigley Jan 1988

Viet Nam's First Modern Penal Code, John Quigley

NYLS Journal of International and Comparative Law

No abstract provided.


Persona Non Grata: Expelling Diplomats Who Abuse Their Privileges, Eric Paul Witiw Jan 1988

Persona Non Grata: Expelling Diplomats Who Abuse Their Privileges, Eric Paul Witiw

NYLS Journal of International and Comparative Law

No abstract provided.


Book Review Of The Authoritative And The Authoritarian, Stanley C. Brubaker Jan 1988

Book Review Of The Authoritative And The Authoritarian, Stanley C. Brubaker

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

Book Review of The Authoritative and the Authoritarian. By Joseph Vining. Chicago, 11.: University of Chicago Press. 1986. Pp. XX, 268. Reviewed by: Stanley C. Brubaker.


International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz Jan 1988

International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz

Washington Law Review

There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …


Alternative Dispute Resolution And Consumer Protection: An "Odd-Couple" Thriving In The Offices Of State Attorneys General, John M. Cooley Jan 1988

Alternative Dispute Resolution And Consumer Protection: An "Odd-Couple" Thriving In The Offices Of State Attorneys General, John M. Cooley

Loyola Consumer Law Review

No abstract provided.


Hazardous Waste In Interstate Commerce: Minimizing The Problem After City Of Philidelphia V. New Jersey, Susan Adams Brietzke Jan 1988

Hazardous Waste In Interstate Commerce: Minimizing The Problem After City Of Philidelphia V. New Jersey, Susan Adams Brietzke

Valparaiso University Law Review

No abstract provided.


Hazardous Waste In Interstate Commerce: Minimizing The Problem After City Of Philidelphia V. New Jersey, Susan Adams Brietzke Jan 1988

Hazardous Waste In Interstate Commerce: Minimizing The Problem After City Of Philidelphia V. New Jersey, Susan Adams Brietzke

Valparaiso University Law Review

No abstract provided.


Advising The Family Business Owner In Succession Planning: The Daughter Option, Debra G. Simms Jan 1988

Advising The Family Business Owner In Succession Planning: The Daughter Option, Debra G. Simms

Cleveland State Law Review

This article will explore the role of the family business in our economy, discuss the importance of its continuity, and suggest that women should be given a greater opportunity to succeed in their own family's business. The final section will analyze whether lawyers can respond to the changing values prompted by the women's movement and counsel clients to explore the possibility that their daughter may be the best successor to the family business.


The Law Of Piracy: Bibliography, Alfred P. Rubin Jan 1988

The Law Of Piracy: Bibliography, Alfred P. Rubin

International Law Studies

No abstract provided.


Forward To Drug Testing Symposium, Christine D. Ver Ploeg Jan 1988

Forward To Drug Testing Symposium, Christine D. Ver Ploeg

Faculty Scholarship

This forward to the William Mitchell Law Review provides an overview on the six articles on various important drug testing topics included therein. These articles will be welcomed by anyone who is struggling to write a drug testing policy, trying to identify employees' rights to challenge a test or test results, or by anyone who seeks to gain a general understanding of this complex and controversial topic.


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Faculty Scholarship

No abstract provided.


The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden Jan 1988

The Legality Of Nuclear Weapons: A Response To Corwin, Eric J. Mcfadden

Penn State International Law Review (1982 - 2011)

This Article is a response to Journal author David Corwin's contention that the use of nuclear weapons is illegal under international law. In turn, the author carefully examines relevant treaty provisions to support his thesis. Finally, the author contends that the principles of customary international law and state practice provide a foundation by which the use of nuclear weapons is circumscribed under international law.


Cumulative Subject Index To Volumes 1-19, Index Jan 1988

Cumulative Subject Index To Volumes 1-19, Index

Case Western Reserve Journal of International Law

cumulative sunject index


Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow Jan 1988

Arms Control Inspection: Constitutional Restriction On Treaty Verification In The United States, David A. Koplow

Georgetown Law Faculty Publications and Other Works

The United States and the Soviet Union recently signed a treaty that eliminates an entire class of nuclear arms, and allows more intrusive verification procedures than ever before. As technology improves and verification becomes even more central in arms control negotiations, Professor Koplow warns that the United States Constitution limits the types of verification procedures to which the United States can agree. After reviewing existing United States-Soviet Union arms control treaties and agreements, Professor Koplow examines potential verification procedures in light of the fourth amendment's protection of United States citizens from government intrusion. He argues that although many contemplated verification …


International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz Jan 1988

International Law Governing Aid To Opposition Groups In Civil War: Resurrecting The Standards Of Belligerency, Robert W. Gomulkiewicz

Washington Law Review

There is a need to rethink and restate the laws of war as they relate to civil war. The reformulation must take account of present realities, the most important of which is the interference of outside governments in civil strife. The challenge is to create a rule of law that channels behavior in a constructive way. A rule requiring abstinence, no matter how well intentioned, will likely be disregarded. One important standard is the traditional law of belligerency. Although the doctrine has fallen into disuse, the belligerency standards are a good test of the legitimacy of an armed opposition group …


The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: British Practice In The Nineteenth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin Jan 1988

The Law Of Piracy: The United States Of America And The Law Of Piracy, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Abbreviations, Alfred P. Rubin Jan 1988

The Law Of Piracy: Abbreviations, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: The Origins, Alfred P. Rubin Jan 1988

The Law Of Piracy: The Origins, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin Jan 1988

The Law Of Piracy: "Piracy" In The Twentieth Century, Alfred P. Rubin

International Law Studies

No abstract provided.


The Law Of Piracy: Index, Alfred P. Rubin Jan 1988

The Law Of Piracy: Index, Alfred P. Rubin

International Law Studies

No abstract provided.


The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power Jan 1988

The Unwisdom Of Allowing City Growth To Work Out Its Own Destiny, Garrett Power

Maryland Law Review

No abstract provided.