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Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood Jan 1996

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.


Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday Jan 1996

Civil War As Paradigm: Reestablishing The Rule Of Law At The End Of The Cold War, Jill Elaine Hasday

Articles

No abstract provided.


The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz Jan 1996

The Sources And Limits Of Freedom Of Religion In A Liberal Democracy: Section 2(A) And Beyond, Paul Horwitz

Articles

No abstract provided.


Structures Of Environmental Criminal Enforcement, Michael E. Herz Jan 1996

Structures Of Environmental Criminal Enforcement, Michael E. Herz

Articles

No abstract provided.


The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.


The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile Jan 1996

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.


Rethinking Group Responsibility And Strategic Threats In Biblical Texts And Modern Law, Saul Levmore Jan 1995

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 Jan 1995

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

Articles

No abstract provided.


Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes Jan 1995

Reinventing The Regulatory State, Cass R. Sunstein, Richard H. Pildes

Articles

No abstract provided.


Upward Contempt, William I. Miller Jan 1995

Upward Contempt, William I. Miller

Articles

Contempt and shame go hand in hand. Actions that should shame us, styles of self-presentation that should humiliate us if we are socially competent enough to have such a purchase on ourselves, are those actions and styles that generate and justify the contempt of others for us. Or, changing the causal order: one's contempt of us will generate shame or humiliation in us if we concur with the judgment of our contemptibility, that is, if the contempt is justified, or indignation and even vengeful fury if it is unjustified. Contempt is thus a mechanism of ranking people or of contesting …


The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar Jan 1995

The Warren Court And Criminal Justice: A Quarter-Century Retrospective, Yale Kamisar

Articles

Many commentators have observed that when we speak of "the Warren Court," we mean the Warren Court that lasted from 1962 (when Arthur Goldberg replaced Felix Frankfurter) to 1969 (when Earl Warren retired). But when we speak of the Warren Court's "revolution" in American criminal procedure we mean the Warren Court that lasted from 1961 (when the landmark case of Mapp v. Ohio was decided) to 1966 or 1967. In its final years, the Warren Court was not the same Court that had handed down Mapp or Miranda v. Arizona.


Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson Jan 1995

Security Interests In The Crucible Of Voidable Preference Law, David G. Carlson

Articles

In this article, Professor David Gray Carlson analyzes the intersection of voidable preference law under 11 U.S.C. § 547 and security interests under Article 9 of the Uniform Commercial Code. The essay purports to articulate the metaphysical assumptions present in this intersection, no matter how rarified and peculiar, because, in this area of law, even the slightest and most fantastic metaphysical presupposition can change results and shift wealth between debtors and creditors. Given the current dearth of unsecured dividends in bankruptcy proceedings, everything turns on whether security interests survive the critique of voidable preference law. In his treatment, Professor Carlson …


Legality Of Secessions: The Case Of Eritrea, Minasse Haile Oct 1994

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.


Nations Without States, Gidon A. G. Gottlieb May 1994

Nations Without States, Gidon A. G. Gottlieb

Articles

No abstract provided.


Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell Jan 1994

Interdependence And Choice In Distributive Justice: The Welfare Conundrum, Lee Anne Fennell

Articles

This Article presents a theoretical model for analyzing welfare policy choices, a model that seeks both to explain the puzzling persistence of welfare in the face of widespread dissatisfaction with it, and to provide a reasoned basis for making more satisfactory policy choices. Drawing on game theory, the author postulates that the poor and the nonpoor are faced with a strategic dilemma as a result of their shared stake in the alleviation of poverty. The author's analysis of this dilemma suggests that the nonpoor react rationally by providing assistance to the poor, but that they are dissatisfied with this outcome …


The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz Jan 1994

The Transmission Of Legal Institutions: English Law, Roman Law, And Handwritten Wills, Richard H. Helmholz

Articles

No abstract provided.


On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras Jan 1994

On Terrorism: Reflections On Violence And The Outlaw, Ileana Porras

Articles

No abstract provided.


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.


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 …


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.


Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller Jan 1993

Rationalizing Injustice: The Supreme Court And The Property Tax, John A. Miller

Articles

No abstract provided.


The Hard Case Of Broadcast Indecency, Lili Levi Jan 1993

The Hard Case Of Broadcast Indecency, Lili Levi

Articles

No abstract provided.


Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr. Jan 1993

Gathering Danger: The Urgent Need To Regulate Toxic Substances That Can Bioaccumulate, Richard L. Williamson Jr.

Articles

No abstract provided.


Scorn, Richard Delgado, Jean Stefancic Jan 1993

Scorn, Richard Delgado, Jean Stefancic

Articles

This article reviews examples of scornful contemptuous belittling or sarcastic language by judges addressing litigants who are poor marginalized or seeking to redress unfamiliar injuries Often courts employ language of this sort when dismissing cases that strike them as offthewall or when imposing Rule 11 sanctions for claims that seem to them frivolous The authors develop a theory to understand and limit sarcasm and satire to situations that genuinely call for them


Christ, Culture, And Courts: A Niebuhrian Examination Of First Amendment Jurisprudence, Michael W. Mcconnell Jan 1992

Christ, Culture, And Courts: A Niebuhrian Examination Of First Amendment Jurisprudence, Michael W. Mcconnell

Articles

No abstract provided.


Bills Of Rights And Regression To The Mean, Frank H. Easterbrook Jan 1992

Bills Of Rights And Regression To The Mean, Frank H. Easterbrook

Articles

No abstract provided.


Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein Jan 1992

Yee V. City Of Escondido: The Supreme Court Strikes Out Again, Richard A. Epstein

Articles

No abstract provided.


How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell Jan 1991

How Not To Promote Serious Deliberation About Abortion, Michael W. Mcconnell

Articles

No abstract provided.


What Judge Bork Should Have Said, Cass R. Sunstein Jan 1991

What Judge Bork Should Have Said, Cass R. Sunstein

Articles

No abstract provided.


Environmental Warfare [Comment], Bernard H. Oxman Jan 1991

Environmental Warfare [Comment], Bernard H. Oxman

Articles

No abstract provided.