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Constructing Solidarity: Interest And White Workers, Martha R. Mahoney Jan 2000

Constructing Solidarity: Interest And White Workers, Martha R. Mahoney

Articles

No abstract provided.


Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney Jan 2000

Whiteness And Remedy: Under-Ruling Civil Rights In Walker V. City Of Mesquite, Martha R. Mahoney

Articles

No abstract provided.


The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz Jan 2000

The "Camouco" (Panamav. France) (Judgment). Itlos Case No. 5. . International Tribunal For The Law Of The Sea, February 7, 2000., Bernard H. Oxman, Vincent P. Bantz

Articles

No abstract provided.


Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach Jan 2000

Adr: An Eclectic Array Of Processes, Rather Than One Eclectic Process, Lela P. Love, Kimberlee K. Kovach

Articles

When mediators try to resolve a controversy by providing their analysis of the legal – or other – merits, they are providing the service that judges, arbitrators and neutral experts provide. In essence, such endeavors use the neutral’s judgment, award or opinion to determine or jump-start a resolution. This article urges that this add-on activity to mediation should be called by its proper name. The essay highlights the advantages of calling "mediation plus evaluation" a mixed process and discusses the advantages of having an eclectic and diverse mix of processes from which parties and counsel can choose to promote party …


Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love Jan 2000

Training Mediators To Listen: Deconstructing Dialogue And Constructing Understanding, Agendas, And Agreements, Lela P. Love

Articles

This article examines the unique components of dialogue between disputing parties that mediators extract and reframe to move the discussion forward. The same components provide the building blocks of the discussion agenda and the framework of the mediation agreement. The article suggests a number of teaching strategies for training mediators to listen effectively and proactively.


The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie Jan 2000

The Costs Of Confidentiality And The Purpose Of Privilege, Melanie B. Leslie

Articles

No abstract provided.


Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley Jan 2000

Disorderly Conduct: Day Traders And The Ideology Of "Fair And Orderly Markets", Caroline Bradley

Articles

No abstract provided.


Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker Jan 2000

Shifting Power For Battered Women: Law, Material Resources, And Poor Women Of Color, Donna Coker

Articles

No abstract provided.


Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn Dec 1999

Clash Of The Titans: Regulating The Competition Between Established And Emerging Electronic Payment Systems, Jane Kaufman Winn

Articles

This article equates the providers of traditional electronic payment services with the Titans of Greek mythology, and the providers of new electronic payment technologies with the Olympians. Professor Winn concludes, however, that unlike the Titans of Greek mythology, these modern Titans appear to be winning in their battle with the upstart Olympians. This article describes the fundamental characteristics of payment systems, reviews the applicable law, and describes the new technologies that were, until quite recently, expected to displace older electronic payment systems. Professor Winn finds that consumers and merchants, by and large, are happy with the existing regulatory structure. And, …


Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan Oct 1999

Performance Of Distributed Cfar Test Under Various Clutter Amplitudes, Chandrakanth H. Gowda, R. Viswanathan

Articles

We evaluate the performances of several distributed constant false-alarm rate (CFAR) tests operating in different background clutter conditions. The analysis considers the detection of Rayleigh target in various clutters with the possibility of differing clutter power levels in the test cells of distributed radars. Numerical results studied for a two-radar system show how the false-alarm rate of the maximum order statistic (MOS) test changes with differences in the clutter power levels of the test cells. The analysis for the detection of Rayleigh target in Rayleigh clutter indicates that, with the power levels of differing test cells, the OR fusion rule …


The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook Jun 1999

The Case Of The Speluncean Explorers: Revisited, Frank H. Easterbrook

Articles

No abstract provided.


Sketch-Based Image Queries In Topographic Databases, James Carswell Jun 1999

Sketch-Based Image Queries In Topographic Databases, James Carswell

Articles

In this paper we present the development of a system prototype for sketch-based queries for the content-based retrieval of digital images from topographic databases. We discuss our overall strategy and associated algorithmic and implementation aspects, and present associated database design issues. The query tools devised in this research are employing user-provided sketches of the shape and spatial configuration of the object(s) which should appear in the images to be retrieved. Our matching tool is inspired by least-squares matching (lsm), and represents an extension of lsm to function with a variety of raster representations. Our strategy makes use of a hierarchical …


Family Law In The Age Of Distrust, Carl E. Scheider Jun 1999

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …


Bankruptcy's Organizing Principle, David G. Carlson Apr 1999

Bankruptcy's Organizing Principle, David G. Carlson

Articles

No abstract provided.


What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel Apr 1999

What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel

Articles

The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.


Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld Apr 1999

Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld

Articles

The article argues that the debate between universalism and cultural relativism is mischaracterized and proposes pluralism as a mediating approach. It suggests that pluralism, particularly comprehensive pluralism, can reconcile the tensions between universal human rights and cultural diversity by balancing individual and group rights within a dynamic framework that respects both universal principles and particular contexts.


Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks Apr 1999

Franchisor Liability For The Torts Of Its Franchisees: The Case For Substituting Liability As A Guarantor For The Current Vicarious Liability, John L. Hanks

Articles

The author reviews the justifications for applying the law of vicarious liability in the franchising context and concludes that its application is often inefficient and arbitrary. He argues that the employee-independent contractor dichotomy used by courts to determine franchisor liability is not well-suited to franchising, where the relationship encompasses both concepts. He proposes that vicarious liability not be applied in the franchising context. Instead, the courts by case law or state legislatures by statute should impose a guarantor status on franchisors that would expose them to liability for the torts of the franchisees only if the franchisee was unavailable to …


Power, The Establishment Clause, And Vouchers, Marci A. Hamilton Apr 1999

Power, The Establishment Clause, And Vouchers, Marci A. Hamilton

Articles

No abstract provided.


The Inter-Organisational Relationships In Irish Tourism: The Example Of Lough Derg, Kevin Griffin Jan 1999

The Inter-Organisational Relationships In Irish Tourism: The Example Of Lough Derg, Kevin Griffin

Articles

The data presented in this paper are drawn from research work carried out by the author into the operation and organisation of Irish tourism at a local level. In carrying out this work 104 tourism operators were surveyed in detail in order to assess their attitudes and opinions on a number of issues. The two dominant themes which emerged from this research were the highly varied nature of the tourism operations and the multitude of service providers with whom they interact. The purpose of this paper is to illustrate this diversity of Inter-organisational Relationships (IORs) and to propose an organisational …


Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein Jan 1999

Winner-Take-Less Codes: The Case Of Private Broadcasting Interdisciplinary Program Series, Cass R. Sunstein

Articles

No abstract provided.


The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill Jan 1999

The Securitization Of Debt And Equity In Real Estate: Prospects For Law In The Twenty-First Century, Michael H. Schill

Articles

No abstract provided.


Civil Settlement During Rape Prosecutions, William Hubbard Jan 1999

Civil Settlement During Rape Prosecutions, William Hubbard

Articles

No abstract provided.


Perfection Hierarchies And Nontemporal Priority Rules, Randal C. Picker Jan 1999

Perfection Hierarchies And Nontemporal Priority Rules, Randal C. Picker

Articles

No abstract provided.


A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith Jan 1999

A Theory Of Customary International Law, Eric A. Posner, Jack L. Goldsmith

Articles

This Article presents a theory of customary international law ("CIL") that seeks to resolve the many well-known difficulties with standard accounts of CIL. The theory uses simple game theoretical concepts to explain how CIL arises, why nations "comply" with CIL as commonly understood, and how CIL changes. This theory rejects the usual explanations of CIL based on opinio juris, legality, morality, and related concepts. States do not comply with norms of CIL because of a sense of moral or legal obligation; rather, their compliance and the norms themselves emerge from the states' pursuit of self-interested policies on the international stage. …


The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner Jan 1999

The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner

Articles

No abstract provided.


Controlling The Costs Of Alternative Medicine, Lior Strahilevitz Jan 1999

Controlling The Costs Of Alternative Medicine, Lior Strahilevitz

Articles

No abstract provided.


Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss Jan 1999

Confronting Developmental Barriers To The Empowerment Of Child Clients, Emily Buss

Articles

No abstract provided.


Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case Jan 1999

Two Cheers For Cheerleading: The Noisy Integration Of Vmi And The Quiet Success Of Virginia Women In Leadership The Law Of Sex Discrimination, Mary Anne Case

Articles

No abstract provided.


Cyberspace Versus Property Law, Frank H. Easterbrook Jan 1999

Cyberspace Versus Property Law, Frank H. Easterbrook

Articles

No abstract provided.


Hayekian Socialism, Richard A. Epstein Jan 1999

Hayekian Socialism, Richard A. Epstein

Articles

No abstract provided.