Digital Commons Network^™

The Balance Between Fighting Street Gangs And Adhering To The Constitution In Southern California, D. Cameron Beck, Jr.

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

In Search Of The Law Of Products Liability: The Ali Restatement Project, Marshall S. Shapo

Vanderbilt Law Review

The American Law Institute's ("ALI") involvement with the subject of products liability is developing as one of the most interesting sagas in the modern private law. This Article explores the ALI's efforts to rationalize the subject. Reviewing the ALI's contributions to the evolution of the law in this area, the Article also asks how the Institute should treat the subject in the future, an inquiry that leads us to the broader question of the role of Restatements of the Law in the twenty-first century. In press as Congress considers proposals for sweeping federalization of products liability law, the Article raises …

Is Insurance A Niche Business? Reflections On Information As An Insurance Product, W. F. Young

Connecticut Insurance Law Journal

No abstract provided.

National Security Exemptions In Federal Pollution Laws, Amy Sheridan

William & Mary Environmental Law and Policy Review

No abstract provided.

A Plea For The Total Ban Of Land Mines By International Treaty, Norman B. Smith

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Rediscovering Francis Lieber: An Afterword And Introduction, Michael E. Herz

Cardozo Law Review

In our media age, more and more people are famous just for being famous, rather than for any particular achievement, notorious or otherwise. We spend a good deal of time transfixed by "celebrities" known for no obvious qualities other than fame itself. Francis Lieber, once this country's most respected law professor, of whom it was written in 1873 that "his fame will be secure in the lap of history," presents the opposite case: he is forgotten despite great accomplishment. At best, one might say he is famous for being forgotten. His name comes up, but almost every modem reference to …

Dirty Legal War: Human Rights And The Rule Of Law In Chile 1973-1995, The, Edward C. Snyder

Tulsa Journal of Comparative and International Law

No abstract provided.

In Re S.A.W.: The Ultimate Protection Of Children's Welfare, Cathleen Ryan

Tulsa Law Review

No abstract provided.

Nuclear Weapons, The World Health Organization, And The International Court Of Justice: Should An Advisory Opinion Bring Them Together, Martin M. Strahan

Tulsa Journal of Comparative and International Law

No abstract provided.

The Twenty-First Wisdom, Paul D. Carrington

Washington and Lee Law Review

No abstract provided.

Health Information Privacy, Lawrence O. Gastin

Cornell Law Review

No abstract provided.

The United States Military Vs. The Media: Constitutional Friction, Steven S. Neff

Mercer Law Review

The long history of the relationship between the military and the media has been somewhat enigmatic. The fact that each institution has a strong constitutional mandate for its operations necessarily implicates the judiciary as a player in the inevitable conflict between the armed forces and the press. Ironically, these three entities-the military, media, and judiciary-frequently meet on the same First Amendment battlefield. The purpose of this Comment is to discuss this relationship historically and currently, assert the possible roles of each institution generally and with respect to one another, and attempt to predict the ebb and flow of the future …

Judicial Independence: Can It Be Without Article Iii?, Richard B. Hoffman, Frank P. Cihlar

Mercer Law Review

1. ANALYSIS OF JUDICIAL INDEPENDENCE OF ALJS AND ARTICLE I COURTS VERSUS ARTICLE III JUDICIARY
2. THE EXPERIENCE AND EVOLUTION OF THE TAX COURT
3. SHAKING UP SOCIAL SECURITY
4. COURT OR CORPS?

Kodak And Aftermarket Tying Analysis: Some Comparative Thoughts, William R. Andersen

Washington International Law Journal

This article examines three recent cases—one from the U.S. Supreme Court, one from the European Court of Justice and one from the High Court of Osaka—dealing with the antitrust implications of aftermarket tying arrangements. Tying occurs when the manufacturer of a machine refuses to sell spare parts to independent repair and service companies. The antitrust implications of tying will be of growing importance in the future as manufactured equipment becomes ever more complex and dependent on specialized repair parts and service. After an introductory review of conventional tying doctrine, the paper compares the approaches of the three courts, finding them …

Human Rights Environmentalism: Forging Common Ground, Gabriel Eckstein, Miriam Gitlin

Faculty Scholarship

Since the early 1970s, the international community has widely acknowledged the nexus between human rights and environmental protection. References to this association and even to a human right to some minimal quality of environment, can be found in numerous international instruments. The Stockholm Declaration on the Human Environment, for example, proclaims that human beings have the "fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being." Similarly, the Additional Protocol to the American Convention on Human Rights states that "everyone shall have the right to live …

Humanitarian Intervention: Pros And Cons, Nikolai Krylov

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Reconsidering Flood V. Kuhn, Stephen F. Ross

University of Miami Entertainment & Sports Law Review

No abstract provided.

International Environmental Law: The Impact And Implications Of Municipal Environmental Law, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

States universally claim access to authority and control over events and persons. States exercise power within their territories primarily to maintain and promote public order, protect their assets and wealth, and ensure the public safety. The end result of these actions is law. The operational element of law involves combinations invoking cooperation, reciprocity in treatment and behavior, and dispute management and settlement.

Legal Process And The Past Of Antitrust, William L. Reynolds, Spencer Weber Waller

Faculty Scholarship

No abstract provided.

Environmental Law At Maryland, No. 2, Winter 1995

Environmental Law at Maryland

No abstract provided.

The Law Of The Colorado River: Coping With Severe Sustained Drought, Lawrence J. Macdonnell, David H. Getches, William C. Hugenberg, Jr., University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

p. 825-836 : map ; 28 cm

Tort Law And Communitarianism: Where Rights Meet Responsibilities, Robert M. Ackerman

Law Faculty Research Publications

No abstract provided.

Reinventing The Examination Process For Patent Applications Covering Software-Related Inventions, 13 J. Marshall J. Computer & Info. L. 231 (1995), Alan P. Klein

UIC John Marshall Journal of Information Technology & Privacy Law

This article examines the issues inherent in patenting software-related inventions, particularly where mathematical algorithms are concerned. Software-related inventions are difficult to patent because they often contain mathematical algorithms, and mathematical algorithms are not patentable subject matter. The PTO recognizes that this approach -- simply identifying the algorithm-containing software as non-patentable -- precludes the need to address the more difficult test of whether software-related inventions are new or not obvious over prior art. The author proposes an improved examination procedure to replace the PTO's current three-step test. The existing PTO examination procedure entails determining whether the claim merely recites a mathematical …

International Ocean Shipping And Risk Allocation For Cargo Loss, Damage And Delay: A U.S. Approach To Cogsa, Hague-Visby, Hamburg And The Multimodal Rules, Samuel Robert Mandelbaum

Florida State University Journal of Transnational Law & Policy

No abstract provided.

What's Past Is Prologue*: The Status And Contemporary Relevance Of American Indian Treaties, Kirke Kickingbird

St. Thomas Law Review

No abstract provided.

Macedonia: Far More Than A Name To Greece, Dean M. Poulakidas

UC Law SF International Law Review

Ever since its independence in 1991, the Former Yugoslav Republic of Macedonia (FYROM) has vigorously advocated for its international recognition as the "Republic of Macedonia." Greece does not oppose the independence of the FYROM, but rather the international recognition of this new republic with its current political objectives. Greece ardently opposes the FYROM's claims to Greece's northern province of Macedonia. While the international media and the FYROM have carelessly classified this dispute as one focused solely on the name "Macedonia," Greece's objections do not end with the new republic's use of the name of Greece's northernmost province. The FYROM's claims …

Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua

Book Reviews

Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.

Rethinking Group Responsibility And Strategic Threats In Biblical Texts And Modern Law, Saul Levmore

Articles

No abstract provided.

Cooperation And Conflict: The Economics Of Group Status Production And Race Discrimination, Richard H. Mcadams

Articles

No abstract provided.

The Minutemen, The National Guard And The Private Militia Movement: Will The Real Militia Please Stand Up, 28 J. Marshall L. Rev. 959 (1995), Chuck Dougherty

UIC Law Review

No abstract provided.