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Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley Jan 1994

Unesco Human Rights Procedure: An Evaluation, David Weissbrodt, Rose Farley

Articles

Analysis of United Nations Educational, Scientific, and Cultural Organization (UNESCO) human rights review procedures and cases within the UNESCO process indicates that many violations are not being addressed effectively. Improvements to the procedures should include implementing fast track and expedited procedures for certain cases, looking for complete solutions to violations, making the Committee on Conventions and Recommendations smaller and less politicized, allowing major abuses to be referred to the Director-General and defining the phases of the review process more clearly.


A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle Jan 1994

A Matter Of Opinion: Milkovich Four Years Later, Kathryn D. Sowle

Articles

No abstract provided.


Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman Jan 1994

Character Impeachment Evidence: The Asymmetrical Interaction Between Personality And Situation, Richard D. Friedman

Articles

In Part I of this Comment, I present a short version of my argument against the admissibility of character impeachment evidence of criminal defendants, showing how the key elements ofthis argument are present in Professor Uviller's own Article. In Part II, I suggest that, notwithstanding Professor Uviller's comments to the contrary, an asymmetrical result-never admitting character evidence to impeach criminal defendants but admitting such evidence in some circumstances to impeach other witnesses- is perfectly reasonable. Finally, in Part III, I contend that Professor Uviller's interesting judicial surveys support the solution I have proposed for the problem of character impeachment evidence.


The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier Jan 1994

The End Of The World News (Symposium: Twenty-Five Years Of Environmental Regulation), James E. Krier

Articles

My title, but nothing else, owes to Anthony Burgess.' I like the ambiguity of Burgess's words. They could be a play on what an anchor says when she brings the night's news of the world to a close ("and that's the end of.. ."), or they could be the name of a doomsday periodical, or a headline announcing the bankruptcy of a tabloid, or, at the extreme, a reference to the end of the world. For my purposes, however, they signify the end of an era.


Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma Jan 1994

Cultural Differences And Discrimination: Samoans Before A Public Housing Eviction Board, Richard O. Lempert, Karl Monsma

Articles

In Hawaii Samoans are a stigmatized ethnic group. We examine how this group is treated by a public housing eviction board. Statistical analysis suggests Samoans are discriminated against in financial cases. Interviews indicate, however, that Samoans are disadvantaged largely because their excuses are not persuasive and would not be regardless of the ethnicity of the tenants making them. In this sense Samoans are treated "like any other tenant," and illegal discrimination, as defined by the Four- teenth Amendment, has not occurred. But Samoans make unpersuasive excuses more often than other tenants because excuses that are reasonable in the context of …


Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White Jan 1994

Plato's 'Crito': The Authority Of Law And Philosophy (Symposium On Law, Literature, And The Humanities), James Boyd White

Articles

My talk today will consist primarily of the interpretation of one of the dialogues of Plato, called the Crito. It will not have very much about law in it, and you may well wonder why such a lecture is being given in a law school. Let me begin by saying a word or two in response to that sensible question, as a way of framing the reading that follows.


Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper Jan 1994

Discovery Cost Allocation: Comment On Cooter And Rubinfeld, Edward H. Cooper

Articles

Discovery practice continues to be the single most troubling element of contemporary procedure. To be sure, the system seems to work well in a high proportion of all federal cases. The proportion may seem astonishingly high in relation to the amount of attention devoted to discovery. The discovery problems that occur in a relatively small proportion of the federal caseload, however, impose serious burdens on the parties and the court system. Every proposal that addresses discovery "abuse" deserves serious attention. These comments focus on the discovery abuse portion of the paper by Cooter and Rubinfeld. Questions are posed that may …


Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado Jan 1994

Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, And The Rule Of Law, Richard Delgado

Articles

No abstract provided.


Solving The Judgment-Proof Problem, Kyle D. Logue Jan 1994

Solving The Judgment-Proof Problem, Kyle D. Logue

Articles

A tortfeasor who cannot fully pay for the harms that it causes is said to be "judgment proof." Commentators have long recognized that the existence of judgment-proof tortfeasors seriously undermines the deterrence and insurance goals of tort law. The deterrence goal is undermined because, irrespective of the liability rule, judgment-proof tortfeasors will not fully internalize the costs of the accidents they cause. The insurance goal will be undermined to the extent that the judgment-proof tortfeasor will not be able to compensate fully its victims and that first-party insurance markets do not provide an adequate response. Liability insurance can ameliorate these …


'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller Jan 1994

'I Can Take A Hint': Social Ineptitude, Embarrassment, And The King Of Comedy, William I. Miller

Articles

The phrase "I can take a hint," when said seriously, contains its own denial. It reveals that the speaker has not been very adept at recognizing the hints already given, nor very graceful about not making a scene once he has recognized them. Its very utterance has the effect of punishing the hint-giver by making her hint fail as a hint. The truly successful hint works by gaining its end with no extra awkwardness added to the social encounter. The good hint should be barely perceived by the person toward whom it is directed. We could even say that it …


Democratic Credentials, Donald J. Herzog Jan 1994

Democratic Credentials, Donald J. Herzog

Articles

We've made a mistake, urges Bruce Ackerman. We've failed to notice, or have forgotten, that ours is a dualist democracy: ordinary representatives passing their statutes are in fact the democratic inferiors of We the People, who at rare junctures appear on the scene and affirm new constitutional principles. (Actually, he claims in passing that we have a three-track democracy.)' Dwelling lovingly on dualism, Ackerman doesn't quite forget to discuss democracy, but he comes close. I want to raise some questions about the democratic credentials of Ackerman's view. Not, perhaps, the ones he anticipates. So I don't mean to argue that …


Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross Jan 1994

Hardening Of The Attitudes: Americans' Views On The Death Penalty, Phoebe C. Ellsworth, Samuel R. Gross

Articles

American support for the death penalty has steadily increased since 1966, when opponents outnumbered supporters, and now in the mid-1990s is at a near record high. Research over the last 20 years has tended to confirm the hypothesis that most people’s death penalty attitudes (pro or con) are based on emotion rather than information or rational argument. People feel strongly about the death penalty, know little about it, and feel no need to know more. Factual information (e.g., about deterrence and discrimination) is generally irrelevant to people’s attitudes, and they are aware that this is so. Support for the death …


Gay Men, Aids, And The Code Of The Condom, David L. Chambers Jan 1994

Gay Men, Aids, And The Code Of The Condom, David L. Chambers

Articles

The principal purpose of this Article is to explore the origins and moral content of the code of behavior among gay men that has developed around the condom. A second purpose is to consider whether this code is wise and defensible under current circumstances. A final purpose is to compare the condom rules to the code of sexual behavior that state governments have created in response to AIDS under their criminal laws.


Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White Jan 1994

Work And Play In Revising Article 9 (Symposium On The Revision Of Article 9 Of The Uniform Commercial Code), James J. White

Articles

For Professors Harris and Mooney the time has come to distinguish between work and play. Debating whether security is efficient is play. Revising Article 9 is work. Even Professor Schwartz does not argue for the abolition of Article 9; he merely reiterates the "puzzle" of secured credit and argues in his playful fashion that security might not be efficient.' Were it not for the fact that this debate might give us some insights about certain priority rules (such as those having to do with purchase money), it would be pure intellectual masturbation, a game with no purpose other than to …


Roundtable Discussion: Science, Environment, And The Law, James E. Krier Jan 1994

Roundtable Discussion: Science, Environment, And The Law, James E. Krier

Articles

Science, environment, and the law is our topic. The problem of interest to me has to do with risk regulation and, more particularly, with the fact that technical and scientific views of risk differ dramatically from lay or public views. How is this conflict to be managed and resolved? I have to go through my account very quickly, given the time constraint, so let me mention that it is based on an article that sets out my arguments at length.'


If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly Jan 1994

If Anybody Asks You Who I Am: An Outsider's Story Of The Duty To Establish Paternity, Lisa Kelly

Articles

This story is fictional but true. There is no one particular Minerva Copeland, James Walker, or Judge Jennings. Lake Village and Helena also are intended to be fictional places. I chose a format using endnotes instead of footnotes in an effort not to disrupt the flow of the narrative. The endnotes, however, are an integral part of this article and serve to provide the reader with the background necessary to understand the legal and social context in which this piece operates.


Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic Jan 1994

Cosmopolitanism Inside Out: International Norms And The Struggle For Civil Rights And Local Justice The Day, Berry & Howard Visiting Scholars, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic Jan 1994

Critical Race Theory: An Annotated Bibliography 1993, A Year Of Transition Bibliography, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado Jan 1994

Rodrigo's Final Chronicle: Cultural Power, The Law Reviews, And The Attack On Narrative Jurisprudence, Richard Delgado

Articles

No abstract provided.


Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr. Jan 1994

Brind & (And) Rust V. Sullivan: Free Speech And The Limits Of A Written Constitution, Ronald J. Krotoszynski Jr.

Articles

No abstract provided.


Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado Jan 1994

Rodrigo's Tenth Chronicle: Merit And Affirmative Action, Richard Delgado

Articles

Opponents of affirmative action and similar redistributive measures often argue that they proceed in defiance of the merit principlethe idea that scarce resources such as places in a law school class ought to go to those who most deserve them Since affirmative actions beneficiaries usually minorities from poor backgrounds often lack traditional indicators of merit such as top grades and test scores it is said giving them an edge in the competition for law slots violates the merit principle This chronicle subjects this argument to critical analysis examining the history and current functioning of conventional merit and noting a number …


First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado Jan 1994

First Amendment Formalism Is Giving Way To First Amendment Legal Realism, Richard Delgado

Articles

No abstract provided.


Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder Jan 1994

Is Article 8 Finally Ready This Time? The Radical Reform Of Secured Lending On Wall Street, Jeanne L. Schroeder

Articles

The article critiques the 1977 proposed amendments to Articles 8 and 9 of the Uniform Commercial Code (UCC), arguing that while they aim to modernize securities law by replacing the outdated physical possession metaphor with the concept of "control," they fail to adequately address the complexities of indirect holdings through intermediaries. The revisions introduce "supernegotiability," prioritizing secured creditors over customers, but raise ethical concerns about rewarding dishonest behavior and potentially undermining consumer protections. The article concludes that while the changes improve market efficiency and clarity, further refinements are needed to balance the interests of all stakeholders.


Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson Jan 1994

Federalist Society Roundtable Discussion, Timothy Dyk, Robert Bork, Nadine Strossen, John O. Mcginnis, Theodore B. Olson

Articles

This discussion took place at the National Press Club in Washington, D.C., on October 12, 1993.


Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton Jan 1994

Appropriation Art And The Imminent Decline In Authorial Control Over Copyrighted Works, Marci A. Hamilton

Articles

No abstract provided.


The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic Jan 1994

The Social Construction Of Brown V. Board Of Education: Law Reform And The Reconstructive Paradox Symposium: Brown V. Board Of Education After Forty Years, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


The Imperial Presidency's New Vestments, A. Michael Froomkin Jan 1994

The Imperial Presidency's New Vestments, A. Michael Froomkin

Articles

No abstract provided.


Still Naked After All These Words, A. Michael Froomkin Jan 1994

Still Naked After All These Words, A. Michael Froomkin

Articles

No abstract provided.


No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones Jan 1994

No Time For Trumpets: Title Vii, Equality, And The Fin De Siecle, D. Marvin Jones

Articles

No abstract provided.


The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman Jan 1994

The Future Of The United Nations Convention On The Law Of The Sea, John R. Stevenson, Bernard H. Oxman

Articles

No abstract provided.