Digital Commons Network^™

Employment Rights Of The Wisconsin Military Reservist Under Federal And State Law, Gregory S. Pokrass

Marquette Law Review

No abstract provided.

Bankruptcy Law - Rejection Of Collective Bargaining Agreements - Section 1113 Of 1984 Bankruptcy Amendments Permits Rejection Of Collective Bargaining Agreements Only If Debtor's Proposed Modifications To Agreement Are Necessary To Prevent Liquidation And Treat All Affected Parties Fairly And Equitably, Pamela A. Casey

Villanova Law Review (1956 - )

No abstract provided.

Constitutionalism After The New Deal, Cass R. Sunstein

Articles

In recent years, the failure of administrative agencies to implement congressional programs faithfully and effectively has called into question the wisdom of the central institutional innovations of the New Deal: the expansion of the regulatory state and the shift in power from the states to the federal government. In this Article, Professor Sunstein challenges the New Deal more fundamentally, examining not only the institutional changes themselves, but also the shift in constitutional commitments that underlay those reforms. Professor Sunstein identifies three aspects of New Deal constitutionalism: the rejection of the original constitutional commitment to checks and balances in favor of …

The Beard Thesis And Franklin Roosevelt, Cass R. Sunstein

Articles

No abstract provided.

Comment On Schlesinger, The Constitution And Presidential Leadership, Philip B. Kurland

Articles

No abstract provided.

Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison

American University International Law Review

No abstract provided.

Book Review Of Protecting The Best Men: An Interpretive History Of The Law Of Libel, Dwight L. Teeter Jr.

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

Book Review of Protecting the Best Men: An Interpretive History of the Law of Libel. By Norman L. Rosenberg. Chapel Hill, N.C.: University of North Carolina Press. 1986. Pp. 369. Reviewed by: Dwight L. Teeter, Jr.

Book Review Of Takings, Edward Foster

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

Book Review of Takings. By Richard A. Epstein. Cambridge, Ma.: Harvard University Press. 1985. Pp. xi, 362. Reviewed by: Edward Foster.

Book Review Of The Tolerant Society: Freedom Of Speech And Extremist Speech In America, James Magee

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

Book Review of The Tolerant Society: Freedom of Speech and Extremist Speech in America. By Lee C. Bollinger. New York, N.Y.: Oxford University Press. 1986. Pp. 295. Reviewed by: James Magee.

Kurland: Commen On Schlesinger, Philip B. Kurland

Maryland Law Review

No abstract provided.

A New Theory Of Assent-Based Liability Emerging Under The Guise Of Promissory Estoppel: An Explanation And Defense, Juliet P. Kostritsky

Faculty Publications

This Article will demonstrate that these apparently divergent approaches (bargain and promissory estoppel) share unifying elemental criteria that situate them all squarely within an assent-based theory of enforceability. This Article differs from scholarship that depicts promissory estoppel as having a different conceptual or theoretical basis for enforcement. This Article posits that promissory estoppel, together with other orthodox doctrines, are merely substitute doctrinal methods for showing the assent required for an enforceable consensual exchange.

Toxic Causation, Daniel A. Farber

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

No abstract provided.

Life On The District Of Columbia Circuit: Literally And Figuratively Halfway Between The Capitol And The White House, Patricia M. Wald

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

No abstract provided.

Controlling The Transfer Of Militarily Significant Technology: Cocom After Toshiba, Joseph Edward Gregory

Fordham International Law Journal

The Note argues that the Toshiba and Krongsberg sales illustrate the critical need of Western allies to agree on a functional means of promoting international trade without compromising international security. Part I examines the illegal sale of ship building technology to the Soviey Union by Toshiba. Part II discusses how COCOM works. Part III analyzes current coproate, national, and multilateral efforts to enhance the effectiveness of export controls. This Note concludes that to prevent future violations, the member nations of COCOM should adjust their export control policies to reflect changes in technological progress and should strive to achieve greater unification …

How Far Should Increased Risk Recovery Be Carried In The Context Of Exposure To Hazardous Substances?, John C. Cummings

Kentucky Law Journal

No abstract provided.

De Facto Government, State Of Siege Powers, And Freedom Of The Press In Argentina, Robert D. Kartheiser

University of Miami Inter-American Law Review

No abstract provided.

Preliminary Thoughts On Some Unresolved Questions Involving The Law Of Anticipatory Self-Defense, Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Antinomies Of Poverty Law And A Theory Of Dialogic Empowerment, Anthony V. Alfieri

Articles

No abstract provided.

Alternative Dispute Resolution And The Public Interest: The Arbitration Experience, Leo Kanowitz

UC Law Journal

No abstract provided.

The End To Unilateral U.S. Action In Latin America: A Call For Expanding The Role Of O.A.S., David A. Rikard

Syracuse Journal of International Law and Commerce

Nevertheless, due to the threat of general warfare in Central

America, fears of "Revolution Without Borders," and perceived threats to national security interests, the United States may feel that it has no alternative but to continue its already expanding involvement in this region.

This Note advocates the establishment of a multi-national police force, organized under the auspices of the organization of American States. Such a force should preclude the perceived need for unilateral U.S. action, and could be utilized without violating international laws prohibiting intervention.

Title Iv's "Never Never Land" When And How Victorious Insurgents Are To Be Installed In Union Office, Arthur L. Fox Ii

Hofstra Labor & Employment Law Journal

No abstract provided.

Contributions Of Victimization To Delinquency In Inner Cities, Jeffrey Fagan, Elizabeth S. Piper, Yu-Teh Cheng

Journal of Criminal Law and Criminology

No abstract provided.

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

Preliminary Thoughts On Some Unresolved Questions Involving The Law Of Anticipatory Self-Defense, Rex J. Zedalis

Case Western Reserve Journal of International Law

No abstract provided.

American Bombing Of Libya: An International Legal Analysis, Gregory Francis Intoccia

Case Western Reserve Journal of International Law

No abstract provided.

The April 14, 1986 Bombing Of Libya: Act Of Self-Defense Or Reprisal, Jeffrey Allen Mccredie

Case Western Reserve Journal of International Law

No abstract provided.

Self-Help In Combatting State-Sponsored Terrorism: Self Defense And Peacetime Reprisals, Guy B. Roberts

Case Western Reserve Journal of International Law

No abstract provided.

Extradition And United States Prosecution Of The Achille Lauro Hostage-Takers: Navigating The Hazards, Jordan J. Paust

Vanderbilt Journal of Transnational Law

On October 7, 1985, members of a Palestinian group hijacked the passenger ship Achille Lauro. Not only did the hijackers hold more than one hundred passengers and crew members hostage for several days, but they murdered one of the passengers, Leon Klinghoffer, a United States national. On October 9 the hijackers released the vessel and remaining hostages. On October 10 the hijackers and an alleged mastermind of the operation, Mr. Abbas, were on board an Egyptian aircraft flying over the high seas in the Mediterranean when United States military aircraft intercepted the Egyptian aircraft and forced it to land in …

The Specifically Defined Trade Secret: An Approach To Protection, Julie A. Henderson

Santa Clara Law Review

No abstract provided.