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Sanctions Available For Attorney Misconduct: A Glimpse At The "Other" Remedies, Tracy Axelberg

Montana Law Review

Sanctions Available for Attorney Misconduct: A Glimpse at the "Other" Remedies

Bill Aycock In Law School, J. Dickson Phillips Jr.

North Carolina Law Review

No abstract provided.

Paths To Belonging: The Constitution And Cultural Identity, Kenneth L. Karst

North Carolina Law Review

No abstract provided.

Post-Discharge Failure To Warn: A New Theory Allowing Access To Ftca Recovery, Denise A. Garrison

Kentucky Law Journal

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Dogmatomachy - A "Privatization" Theory Of The Religion Clause Cases, Gerard V. Bradley

Journal Articles

In the wake of Everson v. Board of Education, the Supreme Court has enforced a scheme of privatizing religion. However, this privatization scheme is met with criticism. One such criticism is this Article’s proposition that this scheme destroys religious consciousness in order to stymie religious factions. Through an examination of the normative view of privatization and its application to recent cases, the Author argues that hostility to religious consciousness is the denial of religious liberty as it reduces religion from an objective truth to a subjective preference.

Cumulative Subject Index To Volumes 1-17, Index

Case Western Reserve Journal of International Law

cumulative subject index

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

THE WORLD OF SCIENCE AND THE RULE OF LAW

By John Ziman, Paul Sieghart, and John Humphrey

New York: Oxford University Press, 1986. Pp. viii, 343. $37.00

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ESSAYS ON INTERNATIONAL LAW

By Stuart S. Malawer

Buffalo: William S. Hein & Co., 1986. Pp. ix, 201. $35.00

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THE IMF IN A CHANGING WORLD, 1945-85

By Margarett Garritsen deVries

Washington: International Monetary Fund, 1986. Pp. x,226

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SOVIET LAW AND SOVIET REALITY

By Olimpiad S. Ioffe

Dordrecht: Martinus Nijohoff Publishers, 1985. Pp. vi, 234

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SWITZERLAND'S ROLE AS AN INTERNATIONAL FINANCIAL CENTER

By Benedicte Vibe Christensen

Washington: International …

Constitutionalizing The Codes, James Hambleton, Jim Paulsen

Faculty Scholarship

The Texas Legislative Council has been proposing, and the Texas Legislature has been routinely approving, codes since 1967. Just last year, in fact, this program to codify all the statutory law of Texas passed the halfway mark, with adoption of the Election Code, the Government Code, and the Civil Practice and Remedies Code.

The legislation implementing each of these codes contains an identical proclamation: "This Act is enacted pursuant to Article III, Section 43, of the Texas Constitution." Oddly enough, though, the 69th Legislature not only passed these codes; it passed a joint resolution calling for a change in the …

The Viability Of The Collective Bargaining Process: Corporate Transformations As Unchanneled Bargaining Power, James B. Zimarowski

Hofstra Labor & Employment Law Journal

No abstract provided.

A Report And Analysis Of The Military Mental Nonresponsibility Defense, Darryll K. Jones

Journal Publications

Due to the intense pressures of warfare, and the more common stress related demands placed on the peacetime service member, the mental nonresponsibility defense should be more often legitimately asserted in a military criminal trial. Further, those who place demands on service members have an obligation to ensure that the nonresponsibility defense is substantively and procedurally fair. This article analyzes the nonresponsibility defense, beginning with the procedural aspects and later examining significant substantive issues and how they are resolved by the United States Court of Military Appeals. The procedural section will discuss how the nonresponsibility issue is raised, the defendant's …

Introduction: Is Cultural Criticism Possible?, James Boyd White

Michigan Law Review

It is by now something of a truism that the abstract and conceptual modes of discourse that have dominated our intellectual life in the past century have led to a rather reduced and schematic view of law. Moved by the desire to talk about social institutions in a neutral and scientific way, scholars beginning at least with John Austin have sought to define law as a set of rules, promulgated by a sovereign and addressed to the behavior of subject individuals, all in an attempt to isolate legal phenomena from their context for scientific study. Rules, on this view, are …

California Uniform Trade Secrets Act: A Comparative Analysis Of The Act And The Common Law , James Chapman

Santa Clara High Technology Law Journal

No abstract provided.

Judicial Review In A Legislative State: The South Carolina Experience, James L. Underwood

South Carolina Law Review

No abstract provided.

Hijacking Trials Overseas: The Need For An Article Iii Court, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

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

Vanderbilt Journal of Transnational Law

By holding that antitrust claims are arbitrable, the United States Supreme Court may have wanted to minimize, if not eliminate, the possibility that dilatory practices could thwart the international arbitral process. Faced with a potentially ruinous contractual relationship and the prospect of arbitration, a disgruntled party (like Soler) might find that it has no other remedy than postponing the day of reckoning. Raising the possibility that the entire transaction is illicit because of antitrust violations at least generates delay and might undermine the arbitration, staving off the possibility of resolution.

The Export Administration Amendments Act Of 1985, Donald H. Caldwell, Jr.

Vanderbilt Journal of Transnational Law

This Note analyzes the EAAA and the administrative regulations it subsequently engendered; it also evaluates their success as of February 1987 in easing the burden of export controls and improving security over United States technological assets. In addition, it considers several complex issues at the heart of export control that Congress fails to address in the EAAA and the consequences of legislative silence in the national security area. Finally, it proposes changes in export control administration and policy that Congress should consider before the EAA comes up for reauthorization in September 1989.

Section II examines the development of United States …

Droit International De La Santé, Howard C. Anawalt

Faculty Publications

No abstract provided.

Life Without "Must Carry": A Preliminary Analysis, Michael Botein

Other Publications

No abstract provided.

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

Articles

Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired …

Toxic Tort Litigation And The Causation Element: Is There Any Hope Of Recognition, Ora Fred Harris Jr.

SMU Law Review

No abstract provided.

Banning The Bomb: Law And Its Limits, Lori Fisler Damrosch

Faculty Scholarship

We can all agree with the contributors to this volume that nuclear weapons present the threat of unimaginable devastation that could bring an end to civilization and even to life on this planet. The grim calculations and stark images come back again and again, but they cannot be repeated too often: over 50,000 weapons in the United States and Soviet arsenals, each with a destructive force dwarfing the explosions at Hiroshima and Nagasaki; radiation effects producing indescribable suffering and death; environmental damage that defies quantification or prediction; the specter of nuclear winter rendering the earth uninhabitable. No rational being can …

Volume 58, Issue 11 (1985-86)

Obiter Dicta

No abstract provided.

The Opinion Volume 26 Number 5 – November 13, 1985, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 13, 1985

The Rio De Janeiro Treaty: Genesis, Development, And Decline Of A Regional System Of Collective Security, F. V. Garcia Amador

University of Miami Inter-American Law Review

No abstract provided.

Land-Based Pollution And The Chesapeake Bay, John W. Warner, John Warren Kindt

Washington and Lee Law Review

No abstract provided.

Protection Of Intellectual Propert - Patent, Copyright, And Trade Secret Law In The United States And Abroad, Andrew G. Rodau

North Carolina Journal of International Law

No abstract provided.

A Management Perspective, Stanislaw S. Damas

The Journal of Law and Education

No abstract provided.

Korean Airline Flight 007: Stalemate In International Aviation Law- A Proposal For Enforcement, Jeffrey D. Laveson

San Diego Law Review

This Comment addresses the limitations in international law enforcement issues and the vulnerability of civilian passengers during international travel, which arose after the crash of Korean Airline Flight 007. The author argues that existing enforcement schemes leave much to be desired and that, while the use of economic sanctions is a common thread among various international tribunals, the piecemeal application of such sanctions are rarely effective and often prohibitively burdensome on the imposing parties. The author proposes several new multilateral economic enforcement schemes, which hope to balance the interest of national security with safe international travel.

The Legal Implications Of United States Policy Toward Nicaragua: A Machiavellian Dilemma, Keith T. Schulz

San Diego Law Review

This Comment examines the impact on international law of the claims by Nicaragua that recent United States' actions violate specific norms of international law and behavior and the claims by the United States that its actions are legal under international principles of collective self-defense. This Comment examines these claims under the relevant rules of international law and concludes that the methods employed by the United States were in violation of international standards of behavior.