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Assuring Federal Facility Compliance With The Rcra And Other Environmental Statutes: An Adminsitrative Proposal, David W. Goewey

William & Mary Law Review

No abstract provided.

Volume 58, Issue 18 (1985-86)

Obiter Dicta

No abstract provided.

Vol. 34, No. 15, February 5, 1986, University Of Michigan Law School

Res Gestae

•Computer Facility Planned on Sub-one •Senate Cures Video Woes •Law Yearbook only a Memory •State of the Law School Interview •Doctor Dissects Lodahl •No Library Access •Students Defend White •Moviegoer Dislikes Theatre •Sandalow: No Suggested Curves Past First Year •Notices •Ran, Don't Walk, to New Kurosawa Film •Crossword •Law In The Raw

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law: (1) …

Nlrb Crackdown On Unions: Union Fines And Sympathy Strikes, Marianne Oliver

Duquesne Law Review

Recent NLRB decisions have permitted union members to resign from a union and return to work without being subject to union discipline, and have also forbidden the honoring of another union's picket line where the union member's collective bargaining agreement contains a broad no-strike clause. The author examines prior caselaw and underlying principles in this area and concludes that these recent NLRB decision, when viewed as a whole, signify a departure from the Board's reasoning in prior cases, and could effectively eliminate the efficacy of union strikes as a means of protesting unfair labor practices.

The Law And The Little Big Horn: What Beginning Law Students Can Learn From General Custer, Samuel W. Calhoun

Scholarly Articles

Not available.

The Future Of The National Parks: Recreating The Alliance Between Commerce And Conservation, Robin W. Winks, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

23 p. ; 28 cm

Faith, Hope, And The Law Teacher: A Reaction To Professor Levinson, Joseph P. Tomain

Faculty Articles and Other Publications

In this symposium, the editors have assigned the commentators a difficult task by requesting a response to Professor Levinson's speech. I disagree with little, if any, of what Professor Levinson has written.

Professor Levinson's article of faith stands poised between modernist and postmodernist sentiments about law and contains a degree of skepticism that I understand, share, and find uncomfortable. The modernism in Levinson's remarks, as I see it, is contained in his recognition (and partial acceptance) of paradox and contradiction in law, and his consequent rejection of, or agnosticism toward, legal dogma as the Way to Truth and Justice. As …

Two-Tiered Tender Offers And The Poison Pill: The Propriety Of A Potent Takeover Defense, Douglas Jay Evertz

McGeorge Law Review

No abstract provided.

Res Gestae 1986 Volume 8 No. 1, Lynne Mariani Zimmerman, Gary Johnson, Robert L. Schmid

Law School Historical Documents

Res Gestae is published two times a year for alumni/ae and friends of the University of Utah College of Law. Business and editorial offices are located at the College of Law

The Impact Of U.S. Export Controls On Trade Between Canada And The United States, Jonathan T. Fried

Canada-United States Law Journal

Canada-United States Economic Ties: The Technology Context trade--Canada and the United States, U.S. export controls

Reconsidering The Second Amendment: Constitutional Protection For A Right Of Security, 9 Hamline L. Rev. 69 (1986), Donald L. Beschle

UIC Law Open Access Faculty Scholarship

No abstract provided.

Failed Pragmatism: Reflections On The Burger Court Commentaries, Albert W. Alschuler

Articles

No abstract provided.

Why Be Tolerant? (Reviewing Lee C. Bollinger, The Tolerant Society: Freedom Of Speech And Extremist Speech In America (1986)), David A. Strauss

Articles

No abstract provided.

Inhibiting Reliance Of Biological Weaponry: The Role And Relevance Of International Law, Richard A. Falk

American University International Law Review

No abstract provided.

Protection Of Civilians Against The Effects Of Hostilities Under Customary International Law And Under Protocol I, Waldemar A. Solf

American University International Law Review

No abstract provided.

The Impact Of U.S. Export Controls On Trade Between Canada And The United States, Arthur Downey

Canada-United States Law Journal

Canada-United States Economic Ties: The Technology Context trade--Canada and the United States, U.S. export controls

Law And Power: Some Reflections On Nicaragua, The United States, And The World Court, Theodore M. Lieverman

Maryland Journal of International Law

No abstract provided.

The Exuberant Pathway To Quixiotic Internationalism: Assessing The Folly Of Mitsubishi, Thomas E. Carbonneau

Faculty Scholarship

The writing on international commercial arbitration often is replete with statements affirming the necessity and advocating the progression of the institution. Indeed, the transnational consensus on commercial arbitration is exceptional - a rare example of viable cohesion in the fragmented arena of international affairs. The unifying spirit of the 1958 New York Arbitration Convention, the uniformity of approach among national courts to the implementation of the Convention, and national legislation supportive of the emerging international consensus on arbitration attest to a willingness to eradicate parochial concerns, to respond to felt needs, and to achieve functional international cooperation.

The United States …

Terrorists And Special Status: The British Experience In Northern Ireland, Jay M. Spillane

UC Law SF International Law Review

The political and social fragmentation of Northern Ireland is well known, and the violent tactics employed by some members of the warring communities are infamous. This Note examines the conflict between Britain's treatment for politically motivated criminals in Northern Ireland and the human rights guarantees provided in various international conventions. The author concludes that politically motivated terrorists are now treated differently from other criminals and, accordingly, should be accorded the status of "special prisoners," with corresponding human rights protections.

The Tenant Movement In New York City, 1904-1984, Anne Jaffe

NYLS Journal of Human Rights

No abstract provided.

The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland

Articles

No abstract provided.

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.

Book Review Of History Of The Supreme Court Of The United States, Volume Ix: The Judiciary And Responsible Government 1910-1921, Paul L. Murphy

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

Book Review of History of the Supreme Court of the United States, Volume IX: The Judiciary and Responsible Government 1910-1921. By Alexander M. Bickel and Benno C. Schmidt, Jr. New York: Macmillan. 1984. Pp. xiv, 1041. Reviewed by: Paul L. Murphy.

Legality Of Economic Sanctions Underinternational Law: The Case Of Nicaragua, J. Curtis Henderson

Washington and Lee Law Review

No abstract provided.

Once More Unto The Breach: The War Powers Resolution Revisited, Eugene V. Rostow

Valparaiso University Law Review

No abstract provided.

Terror And Terrorism: There Is A Difference, David F. Forte

Law Faculty Articles and Essays

To formulate an effective legal and moral response to terrorism, fundamental differences must be acknowledged. We must realize that all acts of terror are not legally interchangeable. We should not create legal instruments that confound essential dissimilarities. We should acknowledge that terrorism is an organized, low level attack by groups trying to destroy the Western legal and moral order. We should recognize that many such terrorist groups have been given purported legitimacy by a distorted notion of self-determination and by recognition within many international bodies. Also, we should face the fact that the effectiveness of terrorism is immeasurably enhanced by …

Terrorism, Malvina Halberstam

Articles

No abstract provided.

For Every Weapon, A Counterweapon: The Revival Of Rule 68, John P. Woods

Fordham Urban Law Journal

Rule 68 of the Federal Rules of Civil Procedure applies generally where a non-moving party's settlement offer is rejected, and the court judgment awarded to the moving party, or claimant, is for less than the prior offer. The non-moving party may then be entitled to "costs incurred after the making of the offer." In Marek v. Chesny, the Court made it clear that "costs" includes attorney's fees. Congress should consider revising Rule 68 to clarify its application. However, Rule 68 appropriately induces plaintiffs to thoroughly consider a defendant's offer, under threat that rejection of the offer may include reducing attorney's …

The Twenty-First Amendment And The Commerce Clause: What Rationale Supports Bacchus Imports, Eric T. Freeman

UC Law Constitutional Quarterly

No abstract provided.