Digital Commons Network^™

A View From The United States - Social, Economic, And Legal Change, The Persistence Of The State, And Immigration Policy In The Coming Century, John Scanlan

Indiana Journal of Global Legal Studies

In this article, Professor Scanlan argues that in spite of recent

trends toward globalism, traditionally composed nation-states,

especially the United States, will continue to exercise localized

control over immigration and receiving nations may pursue

increasingly restrictive policies. The author begins with a history

of recent U.S. and European Union (EU) immigration policies,

positing that State self-interest has always played a central role.

Next, he traces the post-World War II development of the

"international refugee regime" as well as the development of the

European Union's "open"- labor market. Professor Scanlan

predicts that international agencies will become less efficacious for

several reasons, …

An Analysis Of The United Nations International Tribunal To Adjudicate War Crimes Committed In The Former Yugoslavia: Parallels, Problems, Prospects, Mark A. Bland

Indiana Journal of Global Legal Studies

No abstract provided.

Legality Of Secessions: The Case Of Eritrea, Minasse Haile

Articles

The article critically examines the legal basis for Eritrea's secession from Ethiopia in 1993, arguing that the secession lacks a solid foundation under international law. It contends that Eritrea's independence does not meet the criteria for self-determination as defined by international instruments, emphasizing that the process was flawed and did not genuinely reflect the will of the Eritrean people. The analysis highlights the international community's opposition to secession to preserve territorial integrity and stability, asserting that Eritrea's secession undermines peace and security in the Horn of Africa.

The Supreme Court Of Nova Scotia, Responsible Government, And The Quest For Legitimacy, 1850-1920, Philip Girard

Dalhousie Law Journal

Wallace Graham was one of the ablest judges ever to sit on the Supreme Court of Nova Scotia. Born of humble Baptist parentage in Antigonish in 1848, the yearNova Scotia's firstReform government took office, he was truly one of the sons of responsible government: that group of non-61ite, non-Halifax, non-Anglican men who left their stamp on the province's political order after mid-century. Appointed to the bench in 1889, he sat for twenty-six years as puisne judge and judge in equity before being named chief justice in 1915. Sadly, he occupied the post for only two years, dying suddenly in office …

Regulation Of Navy Ship Discharges Under The Clean Water Act: Have Too Many Chefs Spoiled The Broth, Daniel E. O'Toole

William & Mary Environmental Law and Policy Review

No abstract provided.

Just Cause: The Thread That Runs So True, Jeffrey C. Tuomala

Penn State International Law Review (1982 - 2011)

No abstract provided.

Public Law From The Bottom Up, William N. Eskridge Jr.

West Virginia Law Review

No abstract provided.

Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis

West Virginia Law Review

No abstract provided.

Human Rights And The Structure Of Security Forces In Constitutional Orders: The Case Of Ethiopia, James C. N. Paul

William & Mary Bill of Rights Journal

No abstract provided.

Revisiting The Corporatist And Contractualist Models Of Labor Law Regimes: A Review Of The Brazilian And American Systems, Stanley A. Gacek

Cardozo Law Review

During the late 1970s, Brazilian workers captured world attention by mobilizing gigantic strikes in the auto industry of Greater São Paulo. Defying the intervention of the labor courts, they directly confronted the transnational automakers and negotiated impressive wage gains. They also established the celebrated comissões de fábrica, or factory commissions, which served as new vehicles for the negotiation of agreements and the resolution of labor disputes.

Resolving Trade-Environment Conflicts: The Case For Trading Institutions, Jeffrey L. Dunoff

Cornell International Law Journal

No abstract provided.

Tyburn Thanatos And Marxist Historiography: The Case Of The London Hanged , Charles J. Reid Jr.

Cornell Law Review

No abstract provided.

Lost And Foundry: Forging A New Approach To Patent Licensing Agreements, Lawrence D. Graham

Washington Law Review

The Federal Circuit has been inconsistent in its treatment of patent licensing agreements held by foundries. Recently, the Federal Circuit held that a foundry contract is a sale of goods that severs the right of the patentee with respect to the buyer under the patent exhaustion doctrine. In addition, it held that the applicable license would be construed to allow foundry rights unless the patentee could prove otherwise. This Note analyzes a string of Federal Circuit cases involving foundries and patent licenses. It concludes that a foundry contract should be viewed as a sale of services rather than a sale …

The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker

Law and Contemporary Problems

The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.

Law Of Repelling Floods In Missouri , Peter N. Davis

Journal of Environmental and Sustainability Law

No abstract provided.

The Rcra/Cercla Debate: Application Of State Standards At Federal Hazardous Waste Sites. United States V. Colorado, Alyse Hakami

Journal of Environmental and Sustainability Law

No abstract provided.

Protecting Privilege: Race, Residence And Rodney King, Margalynne Armstrong

Minnesota Journal of Law & Inequality

No abstract provided.

Nations Without States, Gidon A. G. Gottlieb

Articles

No abstract provided.

Environmental Critique Of Adverse Possession , John G. Sprankling

Cornell Law Review

No abstract provided.

The Development Of China's Environmental Diplomacy, Cai Shouqiu, Mark Voigts

Washington International Law Journal

Over the past decade, activities in the area of international environmental diplomacy have increased. China in particular has increased its efforts to help the global environmental situation, in conjunction with its role as a leader among the rest of the developing world. This essay examines China's historical environmental situation, and presents some of the factors that have influenced, and will continue to motivate, China's environmental decision making.

Louisiana Legal Memoirslaw In The Cajun Nation. By J. Minos Simon,* With David Leon Chandler. Lafayette: Prescott Press, 1993. Pp. Xiii, 223. $21.99., Paul R. Baier

Louisiana Law Review

No abstract provided.

Paying Back Your Country Through Income-Contingent Student Loans, Evelyn Brody

San Diego Law Review

Governmental subsidies to higher education raise issues of fairness between families and between generations. The partial conversion of the federal guaranteed student loan program into a program of direct governmental lending permits a graduate to pay back the loan with a modest percentage of future income. This Article notes that this income-contingent repayment option provides most graduates with the only insurance they need against a poor job market. Thus, the author argues that this legislation needlessly retains existing federal subsidies, which could be more effectively targeted to the needy.

Global Information Policymaking And Domestic Law, Fred H. Cate

Indiana Journal of Global Legal Studies

No abstract provided.

Forging Finality: Searching For A Solution To The International Double-Suit Dilemma, Julie E. Dowler

Duke Journal of Comparative & International Law

No abstract provided.

Law And The Shaping Of The American Labor Movement, Russell Hollander

NYLS Journal of Human Rights

No abstract provided.

Motions 1994 Volume 22 Number 7, University Of San Diego School Of Law Student Bar Association

Newspaper, Motions (1987-2019)

No abstract provided.

Mystery And The Mastery Of The Judicial Power, The, Jim Chen

Missouri Law Review

What do law clerks do at the Supreme Court? One day this question took me entirely by surprise. Not because of its substance: I have repeatedly answered this question ever since Justice Clarence Thomas invited me to serve as his clerk for October Term 1992. As with so much else in law, context had triumphed over content.

Tqm-Ing Omb: Or Why Regulatory Review Under Executive Order 12,291 Works Poorly And What President Clinton Should Do About It, E. Donald Elliott

Law and Contemporary Problems

Reflections are presented on how Pres Clinton should improve the deeply troubled relationship between the OMB and other government agencies. No president would dream of abolishing review of agency actions by the OMB.

Law And Union Power: Thoughts On The United States And Canada, James B. Atleson

Buffalo Law Review

No abstract provided.

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals