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The Dickinson School Of Law Nafta Symposium - The North American Free Trade Agreement: Engaged To Be Engaged?, John A. Maher May 1993

The Dickinson School Of Law Nafta Symposium - The North American Free Trade Agreement: Engaged To Be Engaged?, John A. Maher

Penn State International Law Review (1982 - 2011)

No abstract provided.


Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman May 1993

Civil Liberties And Civil War: The Great Emancipator As Civil Libertarian, Paul Finkelman

Michigan Law Review

A Review of The Fate of Liberty: Abraham Lincoln and Civil Liberties by Mark E. Neely, Jr.


Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz May 1993

Filling The Court-Created Gap In The Protection Of Concerted Activities The Need For Striker Replacement Collective Bargaining, Harold A. Katz

Northern Illinois University Law Review

This article discusses the adverse impact of the Mackay doctrine on the effectiveness of concerted activity by allowing the employer to continue production with the use of permanent replacements. Restoration of a protected right to the job after the strike is settled is essential to the preservation and growth of the collective bargaining system in the United States. The author argues that the Mackay doctrine undermines the establishment of stable and enduring labor-management relations which are essential in today's competitive markets. The author concludes with a call for more constructive collective bargaining for the '90's which will improve industry's competitive …


Guess Who's Not Coming To Dinner!!, Stephen Reinhardt May 1993

Guess Who's Not Coming To Dinner!!, Stephen Reinhardt

Michigan Law Review

A Review of Faces at the Bottom of the Well: The Permanence of Racism by Derrick Bell and Two Nations: Black and White, Separate, Hostile, Unequal by Andrew Hacker


Post-Totalitarian Politics, Guyora Binder May 1993

Post-Totalitarian Politics, Guyora Binder

Michigan Law Review

A Review of The End of History and the Last Man by Francis Fukuyama and Civil Society and Political Theory by Jean L. Cohen and Andrew Arato


Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman May 1993

Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman

Vanderbilt Journal of Transnational Law

This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.


International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love May 1993

International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love

Vanderbilt Journal of Transnational Law

Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.

The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …


Post-Totalitarian Politics, Guyora Binder May 1993

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …


Reformist Myopia And The Imperative Of Progress: Lessons For The Post-Brown Era, Donald E. Lively May 1993

Reformist Myopia And The Imperative Of Progress: Lessons For The Post-Brown Era, Donald E. Lively

Vanderbilt Law Review

Over the course of two centuries, constitutional law has evolved as both a source and ratification of moral development. The processes of constructing and interpreting the nation's charter have established a unique window through which it is possible to glimpse the fundamental concerns of bygone and present eras and to observe the competition of values and ordering of priorities that define the society. A survey of the complete record discloses innumerable conflicts of law and morality that have arisen, been resolved, and exist now primarily as historical reference points. It also reveals significant business that remains unfinished. Even as the …


Resource Law Notes Newsletter, No. 28, Spring Issue, Apr. 1993, University Of Colorado Boulder. Natural Resources Law Center Apr 1993

Resource Law Notes Newsletter, No. 28, Spring Issue, Apr. 1993, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Poision Gas Proliferation: Paradox, Politics, And Law, John Paul Jones, Eileen N. Wagner Apr 1993

Poision Gas Proliferation: Paradox, Politics, And Law, John Paul Jones, Eileen N. Wagner

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Secession: State Practice And International Law After The Dissolution Of The Soviet Union And Yugoslavia, Lawrence S. Eastwood Jr. Apr 1993

Secession: State Practice And International Law After The Dissolution Of The Soviet Union And Yugoslavia, Lawrence S. Eastwood Jr.

Duke Journal of Comparative & International Law

No abstract provided.


Iraqi Crimes During And After The Gulf War: The Imperative Response Of International Law, Louis Rene Beres Apr 1993

Iraqi Crimes During And After The Gulf War: The Imperative Response Of International Law, Louis Rene Beres

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Mexico-United States Energy Relations And Nafta, Reinier Lock, Bill F. Kryzda Mar 1993

Mexico-United States Energy Relations And Nafta, Reinier Lock, Bill F. Kryzda

United States - Mexico Law Journal (1993-2005)

This PDF contains a central article and response articles, these are then followed by a short discussion piece.


Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern Mar 1993

Out Of Sight, Out Of Mind: United States Immigration Law And Policy As Applied To Filipino-Amerasians, Joseph M. Ahern

Washington International Law Journal

In 1982 the United States Congress passed the Amerasian Immigration Act, 8 U.S.C. section 1154(f). The 1982 Act provides preferential immigration status to children in Asia fathered by U.S. service personnel in Korea, Vietnam, Laos, Kampuchea, and Thailand. Congress passed the 1982 Act because of the poor economic and social conditions experienced by Amerasians in their homelands. The 1982 Act, however, excludes Amerasian children from the Philippines. Equity dictates that if Congress provides preferential immigration status to one group it should grant those same rights to groups who are similarly situated. Amerasians in the Philippines experience similar economic deprivation and …


Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton Mar 1993

Responsibility For Human Suffering: Awareness Participation And The Frontiers Of Tort Law , Timothy D. Lytton

Cornell Law Review

No abstract provided.


Maritime Interception: Centerpiece Of Economic Sanctions In The New World Order, Lois E. Fielding Mar 1993

Maritime Interception: Centerpiece Of Economic Sanctions In The New World Order, Lois E. Fielding

Louisiana Law Review

No abstract provided.


New World Ordered: The Asserted Extraterritorial Jurisdiction Of The Cuban Democracy Act Of 1992, Alan Deloach Stewart Mar 1993

New World Ordered: The Asserted Extraterritorial Jurisdiction Of The Cuban Democracy Act Of 1992, Alan Deloach Stewart

Louisiana Law Review

No abstract provided.


The Religion Clause: A Double Guarantee Of Religious Liberty, Edward Mcglynn Gaffney Jr. Mar 1993

The Religion Clause: A Double Guarantee Of Religious Liberty, Edward Mcglynn Gaffney Jr.

BYU Law Review

No abstract provided.


Volume 16, No. 5 Mar 1993

Volume 16, No. 5

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Susan Anderson, Jolaine Antonio, Veronica Ukrainetz

Photography: Stephen Jedynak, Jamie Stuart


State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger Mar 1993

State Restrictions On Violent Expression: The Impropriety Of Extending An Obscenity Analysis, Jessalyn Hershinger

Vanderbilt Law Review

A group of minors allegedly attacked a nine-year-old girl at a San Francisco beach and "artificially raped" her with a bottle. The minors attacked the girl after watching and discussing a television network movie that portrayed a similar rape. The victim sued the network, claiming that it was negligent in airing the program.' In Miami Beach, a teenage boy shot and killed his eighty-three- year-old neighbor. Following his conviction, the minor sued three television networks for damages, alleging that a decade of viewing extensive television violence had incited him to imitate the acts that he had seen. Nineteen-year-old John McCollum …


Wartime Labor Regulation, The Industrial Pluralists, And The Law Of Collective Bargaining, James B. Atleson Feb 1993

Wartime Labor Regulation, The Industrial Pluralists, And The Law Of Collective Bargaining, James B. Atleson

Contributions to Books

Published as Chapter 7 in Industrial Democracy in America: The Ambiguous Promise, Nelson Lichtenstein & Howell John Harris, eds.


Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza Jan 1993

Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza

Translated Opinions

Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …


The Exclusion Of Women From Combat: Is There A Legal Justification?, Sandra G. Pike Jan 1993

The Exclusion Of Women From Combat: Is There A Legal Justification?, Sandra G. Pike

University of Baltimore Law Forum

No abstract provided.


Integration And Disintegration In Europe: Reordering The Treaty Map Of The Continent, George K. Walker Jan 1993

Integration And Disintegration In Europe: Reordering The Treaty Map Of The Continent, George K. Walker

Global Business & Development Law Journal

No abstract provided.


Landmines: A Deadly Legacy, Morris Panner Jan 1993

Landmines: A Deadly Legacy, Morris Panner

Fordham International Law Journal

Landmines: A Deadly Legacy (“ Deadly Legacy”) is both a powerful advocacy piece calling for an international ban on the production, stockpiling, trade, and use of landmines, as well as a compelling reference work carefully detailing what can only be deemed a global landmines crisis. The book, a joint effort of The Arms Project, a division of Human Rights Watch, and of Physicians for Human Rights, is the culmination of a three year effort, including extensive field research in such places as Cambodia, Angola, Mozambique, Iraqi Kurdistan, and northern Somalia, as well as documentary research drawing on previously classified U.S. …


A Short Guide To The Rio Declaration, Jeffrey D. Kovar Jan 1993

A Short Guide To The Rio Declaration, Jeffrey D. Kovar

Colorado Environmental Law Journal

No abstract provided.


Mediation: A Systemic Alternative To Litigation For Resolution Of Church Employment Disputes, J. Michael Fitzgerald, Lynne M.L. Fitzgerald Jan 1993

Mediation: A Systemic Alternative To Litigation For Resolution Of Church Employment Disputes, J. Michael Fitzgerald, Lynne M.L. Fitzgerald

St. Thomas Law Review

The Catholic Church is a multi-layered system composed of people, as well as entities (e.g., corporations, partnerships, etc.), many of which have been created in an American civil law model. They include, but are not limited to: local parish churches, schools, newspapers, radio and television stations, hospitals, nursing homes, cemeteries, hospices and credit unions. By necessity they employ people to carry out their functions. Disputes can and do arise between these employers and their employees. It has been proposed that methods which are compatible with the conciliatory ways of the Church can be implemented in resolving such disputes. Specifically, this …


Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill Jan 1993

Distressed Public Housing: Where Do We Go From Here?, Michael H. Schill

Articles

No abstract provided.


Democracy: An Institution Whose Time Has Come--From Classical Greece To The Modern Pluralistic Society, Nicholas N. Kittrie Jan 1993

Democracy: An Institution Whose Time Has Come--From Classical Greece To The Modern Pluralistic Society, Nicholas N. Kittrie

American University International Law Review

No abstract provided.