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The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt Jan 1991

The 42nd Session Of The Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Reed Brody, Maureen Convery, David Weissbrodt

Articles

The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities began its forty-second session' on 6 August 1990 under unusual pressure; meeting four days after Iraq's invasion of Kuwait, it faced a tense world situation with an overcrowded agenda of studies and human rights violations in particular count


Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt Jan 1991

Major Developments At The Un Commission On Human Rights In 1991, Penny Parker, David Weissbrodt

Articles

The forty-seventh session of the United Nations Commission on Human Rights met from 28 January to 8 March 1991. The session, overshadowed by the then ongoing Persian Gulf War, was the last before Commission membership was raised from forty-three to fifty-three to remedy the under-representation of developing countries. Discussions about a restructured agenda, as well as the possible need for additional meetings and more financial resources, were held in connection with this future enlargement of the Commission. The Commission adopted eighty-two resolutions and ten decisions, of which sixty-six resolutions and nine decisions were by consensus.(1) Among the most significant were …


The Future Of Legal Education, Robert Stein Jan 1991

The Future Of Legal Education, Robert Stein

Articles

The subject of this Essay is the future of legal education. The essay is an adaptation of my inaugural lecture as William S. Pattee Professor of Law,' a professorship named after an ex- traordinary man who served as the first Dean of the University of Minnesota Law School.2


Public Prosecution And Hydro-Engineering, Michael Tonry Jan 1991

Public Prosecution And Hydro-Engineering, Michael Tonry

Articles

There are inherent tensions between conceptions of public prosecutors as elected officials who respond to public intolerance of crime and criminals and as officers of the court who answer to normative injunctions of fairness and dispassion. Discussion of prosecutors' roles has progressed little beyond recognition of inherent tensions. There is no literature on prosecutorial strategies. The empirical literature on prosecutorial operations is scant.


A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy Jan 1991

A Reminiscence About The Uniform Marriage And Divorce Act - Some Reflections About Its Critics And Its Policies, Robert Levy

Articles

No abstract provided.


Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase Jan 1991

Defendant Amenability To Treatment Or Probation As A Basis For Departure Under The Minnesota And Federal Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry Jan 1991

Mandatory Minimum Penalties And The U.S. Sentencing Commission's "Mandatory Guidelines", Michael Tonry

Articles

No abstract provided.


Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase Jan 1991

Sentencing Reform In Minnesota, Ten Years After: Reflections On Dale G. Parent's Structuring Criminal Sentences: The Evolution Of Minnesota's Sentencing Guidelines, Richard Frase

Articles

No abstract provided.


Legal Education: An Illusion, Judith T. Younger Jan 1991

Legal Education: An Illusion, Judith T. Younger

Articles

No abstract provided.


Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows Jan 1991

Guilty Of The Crime Of Trust: Nonstranger Rape, Beverly Balos, Mary Louise Fellows

Articles

Current law allows defendants to use a preexisting relationship to give credibility to a defense of consent or reasonable, good faith belief of consent. However, the law acknowledges various connections between people and recognizes that under certain circumstances it is appropriate both to prevent a person from acting and to require a person to act. If courts applied the doctrine of confidential relationships to acquaintance rape, evidence of the relationship would impose upon the defendant a heightened duty of care to the victim. This heightened duty of care would change the mental element of the crime. It would also change …


Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort Jan 1991

Employee Handbooks And The Legal Effect Of Disclaimers, Stephen F. Befort

Articles

In his article, Professor Befort discusses the use of employee handbook disclaimers in the workplace. He begins the article with an examination of the employment-at-will rule, its history, and exceptions which recently have been utilized by courts that refuse to apply the rule under certain conditions. He then turns to the use of handbook disclaimers and explores the varying contexts in which courts agree or decline to enforce them. Finally, Professor Befort offers a somewhat different approach which takes into account both the benefits employers derive from the use of handbooks and the reasonable expectations they instill in employees.


The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei Jan 1991

The Effectiveness Of International Human Rights Pressures: The Case Of Argentina, 1976-1983, David Weissbrodt, Maria Luisa Bartolomei

Articles

One significant gap in the burgeoning academic literature of international human rights law is the lack of research related to the impact of international and national procedures on the actual protection of human rights. 1 It is remarkable that almost no academics or activists have even attempted to assess the effectiveness of human rights measures. Of course, demonstrating effectiveness in any area of human endeavor, particularly international human rights work, is very difficult. Many human rights advocates investigate abuses and write letters to governments because they believe that speaking out is better than remaining silent in the face of repression. …


Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows Jan 1991

Wills And Trusts: "The Kingdom Of The Fathers", Mary Louise Fellows

Articles

The purpose of my talk today is to use doctrines in wills and trusts law as the yardstick with which to measure the Kingdom of the Fathers. I will show that wills and trusts law has always and 2 continues to operate to preserve and sustain their Kingdom.


The Transformation Of The Juvenile Court, Barry C. Feld Jan 1991

The Transformation Of The Juvenile Court, Barry C. Feld

Articles

Ideological changes in the cultural conception of children and in strategies of social control during the nineteenth century led to the creation of the juvenile court. At the dawn of the twentieth century, Progressive reformers applied the new theories of social control to the new ideas about childhood and created a social welfare alternative to criminal courts to treat criminal and noncriminal misconduct by youth.


Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky Jan 1991

Of Spoil Pits And Swimming Pools: Reconsidering The Measure Of Damages For Construction Contracts, Carol Chomsky

Articles

To obtain a remedy in a breach of contract suit, a party must prove, and courts must determine, what damage the breach has caused. The general rule is straightforward: A party injured by a breach of contract is entitled to be placed in as good a position as if the contract had been performed.1 Ap- plying the general rule to specific circumstances - computing what it means to be placed in "as good a position as if the con- tract had been performed" - is more difficult.


Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort Jan 1991

Musings On A Clinic Report: A Selective Agenda For Clinical Legal Education In The 1990'S, Stephen F. Befort

Articles

These are the alleged decline in live-client clinical education, the educational objectives of clinical education, the financing of clinics, the appropriate status for clinical faculty, and the relationships between clinical and nonclinical faculty. The report revealed that student demand for clinical instruction has not declined. It also identified eight pedagogical goals and a public-service goal for live-client clinical education. In addition, it recommended a strong effort to obtain increased financial support through Federal grants. Furthermore, it noted that the status of clinical faculty has improved considerably at many law schools, but the issue of faculty status will continue to be …


Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort Jan 1991

Bfoq Revisited: Johnson Controls Halts The Expansion Of The Defense To Intentional Sex Discrimination, Stephen F. Befort

Articles

The bona fide occupational qualification (BFOQ) is a statutory defense to intentional discrimination under Title VII. 1 The BFOQ defense permits an employer to adopt an otherwise facially discriminatory employment practice if "reasonably necessary to the normal operation of that particular business. . . ." 2 Both the courts and the Equal Employment Opportunity Commission (EEOC) have traditionally interpreted this defense very narrowly. A gender-based employment classification, for example, qualifies as a BFOQ only if the failure to adopt a single-sex policy undermines the employer's ability to accomplish its essential business mission. 3


Kíla: Éacht!!! Ag Féile Gormacha Tuaithe An Chlocháin '91, Máirtín Mac Con Iomaire . Jan 1991

Kíla: Éacht!!! Ag Féile Gormacha Tuaithe An Chlocháin '91, Máirtín Mac Con Iomaire .

Articles

Léarmheas ar an mbanna ceoil Kíla agus ar Féile gormacha agus tuaithe an Chlocháin '91.


High Speed Photography, Andrew Davidhazy Jan 1991

High Speed Photography, Andrew Davidhazy

Articles

An overview of high speed photography originally prepared for the Focal Encyclopedia of Photography.


The Ramsey Numbers R(K_4-E, K_6-E) And R(K_4-E,K_7-E), James Mcnamara, Stanislaw Radziszowski Jan 1991

The Ramsey Numbers R(K_4-E, K_6-E) And R(K_4-E,K_7-E), James Mcnamara, Stanislaw Radziszowski

Articles

The graph with vertices in GF(16), whose edges connect points having difference equal to a cube, which was known to be extremal for the Ramsey numbers R(3,3,3) and R(K_3, K_6-e), is shown to be extremal for R(K_4-e, K_6-e). The proof is obtained by using computer algorithms to analyze the properties of the family of graphs having no K_4-e and having no K_5-e in the complement. It is also shown that there is a unique graph, up to graph isomorphism, which is extremal for R(K_4-e, K_7-e), viz., the strongly regular Schlafli graph on 27 vertices, which has an automorphism group of …


Minimum Triangle-Free Graphs, Stanislaw Radziszowski, Donald Kreher Jan 1991

Minimum Triangle-Free Graphs, Stanislaw Radziszowski, Donald Kreher

Articles

We prove that e(3, k + 1, n) >= 6n - 13k where e(3, k + 1, n) is the minimum number of edges in any triangle-free graph on n vertices with no independent set of size k + 1. to achieve this we first characterize all such graphs with exactly e(3, k + 1, n) edges for n <= 3k. These results yield some sharp lower bounds for the independence ratio for trianagle-free graphs. In particular, the exact value of the minimal independence ratio for graphs with average degree 4 is shown in be 4/13. A slight improvement to the general upper bound for the classical Ramsey R(3,k) numbers is also obtained.


Self-Pulsation Operating Regime For The Absorber Of A Twin Section Laser Diode, Gerald Farrell, P. Phelan, Joe Hegarty Jan 1991

Self-Pulsation Operating Regime For The Absorber Of A Twin Section Laser Diode, Gerald Farrell, P. Phelan, Joe Hegarty

Articles

The voltage-current characteristic of the absorber of a twin section laser diode is investigated as a function of the gain section current. For self pulsation to occur the absorber must be operated within a specific region of the voltage-current characteristics. This region only exists for absorber voltage current characteristics which contain an S-shaped negative resistance.


Shadow Casting Phenomena At Newgrange, Frank Prendergast Jan 1991

Shadow Casting Phenomena At Newgrange, Frank Prendergast

Articles

A digital model of the Newgrange passage tomb and surrounding ring of monoliths known as the Great Circle is used to investigate sunrise shadow casting phenomena at the monument. Diurnal variation in shadow directions and lengths are analysed for their potential use in the Bronze Age to indicate the passage of seasonal time. Computer-aided simulations are developed from a photogrammetric survey to accurately show how three of the largest monoliths, located closest to the tomb entrance and archaeologically coded GC1, GC-1 and GC-2, cast their shadows onto the vertical face of the entrance kerbstone, coded K1. The phenomena occur at …


College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose Jan 1991

College Presidents And The Ncaa Presidents' Commission: All Bark And No Bite, Laurence M. Rose

Articles

No abstract provided.


Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley Jan 1991

Competitive Deregulation Of Financial Services Activity In Europe After 1992, Caroline Bradley

Articles

No abstract provided.


1992: The Case Of Financial Services, Caroline Bradley Jan 1991

1992: The Case Of Financial Services, Caroline Bradley

Articles

No abstract provided.


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

Environmental Warfare [Comment], Bernard H. Oxman

Articles

No abstract provided.


Derrick Bell's Chronicle Of The Space Traders: Would The U.S. Sacrifice People Of Color If The Price Were Right, Richard Delgado, Jean Stefancic Jan 1991

Derrick Bell's Chronicle Of The Space Traders: Would The U.S. Sacrifice People Of Color If The Price Were Right, Richard Delgado, Jean Stefancic

Articles

No abstract provided.


The Limited Liability Company: A Study Of The Emerging Entity, Robert R. Keatinge, Larry E. Ribstein, Susan Pace Hamill, Michael L. Gravelle Jan 1991

The Limited Liability Company: A Study Of The Emerging Entity, Robert R. Keatinge, Larry E. Ribstein, Susan Pace Hamill, Michael L. Gravelle

Articles

This article reflects the thinking of business and tax lawyers at the dawn of the development of limited liability companies It provides a thorough discussion of the few things known and many questions that existed in 1992 when only a handful of states had LLC legislation Many of the questions have now been resolved some by the checkthebox regulations and some by the more recent limited liability company legislation but the article provides useful background in the development of what was to become a predominating business organization


Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman Jan 1991

Controlling Legislative Shortsightedness: The Effectiveness Of Constitutional Debt Limitations, Stewart E. Sterk, Elizabeth S. Goldman

Articles

In this article, Professor Sterk and Ms. Goldman examine the efficacy of constitutional debt limitations as a method of controlling the incurrence of public debt. In examining the historical development of such limitations, the authors conclude that they are responses to perceived deficiencies in the legislative process rather than reactions to specific instances of legislative abuse. The authors determine, however, that courts have transformed absolute constraints on legislative power to incur debt into more flexible limitations that leave the judiciary with a substantial role in determining the fate of proposed borrowing schemes. Moreover, the authors found that few states revised …