Digital Commons Network^™

On Ending The War On Drugs, Edward Mcglynn Gaffney Jr.

Valparaiso University Law Review

No abstract provided.

Let The Drug Dealer Beware: Market-Share Liability In Michigan For The Injuries Caused By The Illegal Drug Market, Joel W. Baar

Valparaiso University Law Review

No abstract provided.

A Right To Ice?: The Application Of International And National Water Laws To The Acquisition Of Iceberg Rights, Bryan S. Geon

Michigan Journal of International Law

This note first reviews in Part I the history and potential of the idea of iceberg utilization. Part II then briefly examines the relevant sources of international law relating to iceberg acquisition. Finding that the standard sources of international law, such as conventions and international custom, currently provide inadequate guidance in this area. The note in Part III then searches for general principles embodied in the three major regimes of national water law: riparian rights, prior appropriation, and administrative allocation. Finally, it outlines in Part IV what an iceberg appropriation regime might look like under each regime.

Multiple Consciousness And The Diversity Dilemma, Sumi K. Cho

University of Colorado Law Review

No abstract provided.

Labor Policy In Late Twentieth Century Capitalism: New Paradoxes For The Democratic State, Daniel J. Gifford

Hofstra Law Review

No abstract provided.

Congressional Inquests: Suffocating The Constitutional Preogative Of Executive Privilege, Randall K. Miller

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

No abstract provided.

Alternative Dispute Resolution--Conflict As Pathology: An Essay For Trina Grillo, Richard Delgado

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

No abstract provided.

Mslj Backissues, For The Record And For The Record Extra Newsletters, And Videos Available Through The National Sports Law Institute

Marquette Sports Law Review

None

The Second Amendment And Other Federal Constitutional Rights Of The Private Militia, Edward R. Becker

Montana Law Review

The Second Amendment and Other Federal Constitutional Rights of the Private Militia

Ash On The Sills: The Significance Of The Patriot Movement In America, David Neiwert

Montana Law Review

Ash on the Sills: The Significance of the Patriot Movement in America

The Truth About Secured Financing, Robert E. Scott

Faculty Scholarship

The debate over the social value of secured credit (and the appropriate priority for secured claims in bankruptcy) is entering its nineteenth year. Yet the continuing publication of succeeding generations of articles exploring the topic have yielded precious little in the way of an emerging scholarly consensus about the nature and function of secured credit. Put simply, we still do not have a theory, of finance that explains why firms sometimes (but not always) issue secured debt rather than unsecured debt or equity. Moreover (and perhaps because of the lack of any plausible general theory), we lack any persuasive empirical …

The Public Hospital, Lewis R. Goldfrank, M.D.

Fordham Urban Law Journal

The author traces the development of public and private hospitals. In particular, the Article looks at the changing role of the hospital and the development of federal legislation. Next, the author reviews the functions of the public hospital, which include providing care for the poor, prisoners, psychiatric patients, trauma patients, and addicts. A public hospital also has the role of providing emergency and trauma care, while serving a role in disaster management and as the training grounds for the next generation of medical professionals. The closure of public hospitals has become frequent and it does not appear that the current …

A Virtuous Warrior In A Savage World, Charles J. Dunlap Jr.

Faculty Scholarship

Divining the nature of future war is always problematic. President Eisenhower warned that "Every war is going to astonish you in the way it has occurred, and in the way it is carried out." The United States must, of course, be prepared to meet a wide range of contingencies. Paramount among them would be a threat posed by a "peer competitor," that is, a state capable of battling the United States with comparable forces employing largely orthodox tactics. Although it is almost certain that one will arise in the future, no nation exists today that can challenge America symmetrically as …

Sierra Club Chemical Weapons Working Group, And Vietnam Veterans Of America Foundation, V. Utah Solid And Hazardous Waste Control Board : Appellant's Opening Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CASE No. 970313-CA On Appeal of Order of Utah Solid And Hazardous Waste Control Board

Sierra Club, Chemical Weapons Working Group And Vietnam Veterans Of America Foundation V. Utah Solid And Hazardous Waste Control Board And United States Army And Eg&G Defense Materials Inc.: Brief Of Intervenors, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Case No. 97-0313-CA Argument Priority No. 14 On Petition for Review of a Decision of the Utah Solid and Hazardous Waste Control Board

After The "Peace Process:" Israel, Palestine, And Regional Nuclear War, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Law Of Our Land: Customary International Law As Federal Law After Erie, Beth Stephens

Fordham Law Review

No abstract provided.

Representing Black Male Innocence, Joan W. Howarth

Scholarly Works

This Article is a case study of a California capital case. Drawing on cultural studies, the first part develops the social construction of Black male gang member, especially as that identity is understood within white imaginations. The powerful and frightening idea of a Black man who is a gang member, even gang leader, captured the imagination and moral passion of the decisionmakers in this case, recasting and reframing the evidence in furtherance of this idea. In fundamental ways, this idea or imposed identity is fundamentally inconsistent with any American concept of innocence.

The second part uses the case to investigate …

Christian Constitutions: Do They Protect Internationally Recognized Human Rights And Minimize The Potential For Violence Within A Society--A Comparative Analysis Of American And Irish Constitutional Law And Their Religious Elements, S.I. Strong

Case Western Reserve Journal of International Law

No abstract provided.

Coping With Partiality: Justice, The Rule Of Law, And The Role Of Lawyers, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Lawyers help ameliorate a particular instance of what the author calls the problem of interest--the partiality problem. For he believes that it falls to law professors to imbue in their students an understanding of the important role that lawyers play in society, if for no other reason than they will need some emotional armament from the slings and arrows of incessant lawyer jokes and worse. In explaining how the existence of lawyers helps address the problem of partiality, the author also explains how adherence to property rights, freedom of contract, and the rule of law--concepts long disparaged by law professors--help …

Translating & Interpreting Foreign Statutes, Andrew N. Adler

Michigan Journal of International Law

This article aspires to address academics and anyone who must translate or interpret foreign statutes without previous in-depth education in the alien language and law. To make matters more interesting, the author concentrates on the plight of the minority of judges who want to arrive at independently reasoned interpretations of foreign law when given the opportunity. Most judges strive mightily to avoid even having to glance at foreign laws. And, when it becomes absolutely necessary to read a foreign code, most judges and litigators retain the centuries-old habit of relying too slavishly on tendentious expert testimony. Furthermore, while most states …

The U.S. Attorney: Fateful Powers Limited Essay., Tom Rickhoff

St. Mary's Law Journal

Nothing more separates the United States from some of history’s most ruthless and resourceful enemies, the Mexican drug syndicates, than an intermittent trickle of water. In spite of this crisis, the U.S. Attorney’s Office has languished without a presidentially-appointed leader since the Branch Davidian nightmare. Considering the historical influence of the U.S. Attorney’s office, the current situation in the Western District of Texas is somewhat surprising. At one time, U.S. Attorneys exercised almost total discretion as to how the federal government impacted the lives of the powerful as well as the powerless. One of the primary obstacles in restoring effective …

Sierra Club Chemical Weapons Working Group, And Vietnam Veterans Of America Foundation V. Utah Solid And Hazardous Waste Control Board : Reply Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

CASE No. 970313-CA On Appeal of Order of Utah Solid And Hazardous Waste Control Board

Utah V. Tyrese Sharod Smith : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

Appeal from a conviction of one count of Criminal Homicide Murder, a First Degree Felony, in the Third District Judicial Court, in and for Salt Lake County, State of Utah, the Honorable Sandra J. Peuler presiding.

The Christian Coalition And The End Game, Norman R. Gulley

Journal of the Adventist Theological Society

No abstract provided.

A Critique Of The Advisory Opinion Of The International Court Of Justice On The Legality Of The Threat Or Use Of Nuclear Weapons, 8 July 1996 : The Nuclear Weapons Case, Christopher Hubbard

Theses : Honours

The General Assembly of the United Nations, by Resolution, requested the International Court of Justice to give its Advisory Opinion on the following legal question: Is the threat or use of nuclear weapons in any circumstance permitted under Intemational law? The question raises a number of legal, political and moral issues which go to the heart of the development of public international law, and of relations between States in the United Nations era. Central to all such issues is the tension, both legal and political, which exists between the five declared nuclear weapon States (the Permanent Members of the United …

The V-Chip: Giving Parents The Ability To Regulate Television Violence, Jonathan L. Wolff

Santa Clara Law Review

No abstract provided.

Lawyers, Clients, And Mediation , Jacqueline Nolan-Haley

Faculty Scholarship

That the growth of mediation practice is changing the practice of law is obvious. The inability of many lawyers to understand the conceptual differences between adversarial lawyering and mediation practice strongly suggests the need to develop a theory of "good" representational mediation practice that takes into account competing client interests. On the one hand, lawyers must encourage client voice and participation. At the same time, however, the demands of professionalism require that lawyers guide their clients toward responsible decisionmaking. Representational lawyering in mediation may involve a number of distinct and traditional lawyering functions-- client counseling, negotiation, evaluation and advocacy. In …

Brown V. Pro Football, Inc.: You Make The Call, Denise K. Bryant

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.

Labor Or Antitrust - Let The Players Choose, Robert A. Mccormick

Jeffrey S. Moorad Sports Law Journal (1994 - )

No abstract provided.