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Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz Jan 1988

Psychiatric And Chemical Dependency Treatment Of Minors: The Myth Of Voluntary Treatment And The Capacity To Consent, Beverly Balos, Ira Schwartz

Articles

No abstract provided.


The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt Jan 1988

The 39th Session Of The Un Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Sonia Rosen, David Weissbrodt

Articles

The 39th session of the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities (Sub-Commission) was held from 10 August through 4 September 1987 in Geneva, Switzerland. The Sub-Commission, established in 1947 as a subsidiary body of the Commission on Human Rights (Commission), is composed of 26 experts who are elected by the Commission. The experts are elected in their individual capacities rather than as representatives of their governments. The Sub-Commission meets annually in August-September to undertake studies and make recom- mendations to the Commission on a wide range of human rights


Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky Jan 1988

Enforcement Of The Domestic Abuse Act In Minnesota: A Preliminary Study, Beverly Balos, Katie Trotzky

Articles

The Minnesota Department of Corrections latest figures esti- mate that over 63,000 incidents of domestic battering occur each year in the state of Minnesota.1 Due to the inefficiencies and gaps in the reporting system, in Minnesota and across the United States, the true magnitude of the problem is difficult to document. Researchers have estimated, however, that over 1.7 million people in the United States have at some time faced a spouse with a gun or a knife, and that well over two million have experienced a beating by their spouse.2 Thus, while accurate documentation is difficult due to the severe …


Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt Jan 1988

Country-Related And Thematic Developments At The 1988 Session Of The U.N. Commission On Human Rights, David Weissbrodt

Articles

The United Nations Commission on Human Rights is the principal and most important political organ of the United Nations concerned principally with human rights.1 ; The Commission meets for six weeks every year in February and March. This year, for example, it met from 1 February through 11 March 1988.2 The Commission is comprised of forty-three government represent- atives who are elected by the Economic and Social Council of the United Nations. The Economic and Social Council is, in turn, a subsidiary body of the United Nations General Assembly. When the UN Charter was written in 1945, the subject of …


Lender/Owners And Cercla: Title And Liability, Ann Burkhart Jan 1988

Lender/Owners And Cercla: Title And Liability, Ann Burkhart

Articles

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) represents Congress' response to the problem of cleaning up hazardous waste sites. The Act and its related regulations authorize the Environmental Protection Agency (EPA) either to order the responsible parties to contain the hazardous waste on the site or to clean the site and charge the responsible parties for EPA's response costs. An unresolved issue is whether these provisions contemplate holding a lender/owner liable for response costs. In this Article, Professor Burkhart rebuts challenges to lender/owner liability. She begins by scrutinizing the language and legislative history of the liability provisions and …


The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld Jan 1988

The Juvenile Court Meets The Principle Of Offense: Punishment, Treatment, And The Difference It Makes, Barry C. Feld

Articles

The United States Supreme Court's decision In re Gault 1 transformed the juvenile court into a very different institution than that envisioned by its Progressive creators. 2 Judicial and legislative efforts to harmonize the juvenile court with Gault's constitutional mandate have modified the purpose, process, and operation of the juvenile justice system. The Progressives envisioned a procedurally informal court with individualized, offender-oriented dispositional practices. The Supreme Court's due process decisions impose procedural formality on the juvenile court's traditional, individualized-treatment sentencing schemes. As the juvenile court system deviates from the Progressive ideal, it increasingly resembles, both procedurally and substantively, the adult …


Discovery In Labor Arbitration, Laura J. Cooper Jan 1988

Discovery In Labor Arbitration, Laura J. Cooper

Articles

The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding:


The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt Jan 1988

The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt

Articles

No abstract provided.


Lower Bounds For Multi-Colored Ramsey Numbers From Group Orbits, Donald Kreher, Wei Li, Stanislaw Radziszowski Jan 1988

Lower Bounds For Multi-Colored Ramsey Numbers From Group Orbits, Donald Kreher, Wei Li, Stanislaw Radziszowski

Articles

In this paper the algorithm developed in [RK] for 2-color Ramsey numbers is generalized to multi-colored Ramsey numbers. All the cyclic graphs yielding the lower bounds R(3,3,4)>=30, R(3,3,5)>=45, and R(3,4,4)>=55 were obtained. The two last bounds are apparently new.


Solving Subset Sum Problems With The L^3 Algorithm, Stanislaw Radziszowski, Donald Kreher Jan 1988

Solving Subset Sum Problems With The L^3 Algorithm, Stanislaw Radziszowski, Donald Kreher

Articles

Ideas are described that speed up the lattice basis reduction algorithm of Lenstra, Lenstra and Lovasz [11] in practice. the resulting lattice basis reduction algorithm reduces the multiprecision operations needed in previous approaches. This paper describes these ideas in detail for lattices of the particular form arising from the subset sum (exact knapsack) problem. The idea of applying the L^3 algorithm to the subset sum problem is due to Lagarias and Odlyzko [8]. The algorithm of this paper also uses a direct search for short vectors simultaneously with the basis reduction algorithm. Extensive computational tests show that this algorithm solves, …


What The Baby M Case Is Really All About, Judith T. Younger Jan 1988

What The Baby M Case Is Really All About, Judith T. Younger

Articles

No abstract provided.


A Note On Coslender Groups, R. Dimitric, Brendan Goldsmith Jan 1988

A Note On Coslender Groups, R. Dimitric, Brendan Goldsmith

Articles

The notion of a coslender group has been introduced previously by the first author. This work continues the investigation of such groups, defines coslender part of a group, proves embeddability results, gives a characterization of finite rank coslender grops, and proves a result on smooth ascending chains of coslender groups with a conjecture that every countable coslender torsion free group is a smooth ascending union of finite rank coslender pure subgroups.


Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman Jan 1988

Marine Archaeology And The International Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns Jan 1988

The Low-Income Housing Tax Credit: A Poor Solution To The Housing Crisis, Janet Stearns

Articles

No abstract provided.


Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado Jan 1988

Storytelling For Oppositionists And Others: A Plea For Narrative Legal Storytelling, Richard Delgado

Articles

No abstract provided.


University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr. Jan 1988

University Of Alabama - School Of Law's Special Special Collection: Reaching Out For Law School History, The Announcement, Paul M. Pruitt Jr.

Articles

No abstract provided.


Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon Jan 1988

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

Articles

No abstract provided.


Foresight And The Law Of Servitudes, Stewart E. Sterk Jan 1988

Foresight And The Law Of Servitudes, Stewart E. Sterk

Articles

The article explores the debate over party autonomy in the law of servitudes, particularly focusing on the role of foresight and transaction costs. It argues that while freedom of contract is a foundational principle, the limitations of human foresight and the potential for high transaction costs justify limited judicial intervention to modify or terminate servitudes when circumstances change. The author critiques Professor Epstein's argument that perfect foresight would obviate the need for intervention, emphasizing that real-world contracting parties often fail to anticipate future changes adequately. The article ultimately advocates for a balanced approach that enforces servitudes but allows for judicial …


Law And Literature: 'No Manifesto', James Boyd White Jan 1988

Law And Literature: 'No Manifesto', James Boyd White

Articles

With what hopes and expectations should a lawyer turn to the reading of imaginative literature? To books and articles that purport to connect that literature in some way with the law? In particular, is "law and literature" -to which this Symposium is directed-to be thought of as an academic "field" like law and psychiatry, say, or law and economics? If so, what can it purport to teach us? If not, how is it to be thought of?


Rights Discourse And Neonatal Euthanasia, Carl E. Schneider Jan 1988

Rights Discourse And Neonatal Euthanasia, Carl E. Schneider

Articles

Hard cases, they say, make bad law. Hard cases, we know, can also make revealing law. Hard cases identify the problems we have not found a way of solving. They reveal ways the law's goals conflict. They force us to articulate our assumptions and to examine our modes of discourse and reasoning. If there was ever a hard case for the law, it is the question of whether, how, and by whom it should be decided to allow newborn children who are severely retarded mentally or severely damaged physically to die. For many years, the law has not had to …


Ordeal In Iceland, William I. Miller Jan 1988

Ordeal In Iceland, William I. Miller

Articles

Ordeal holds a strange fascination with us. It appalls and intrigues. We marvel at the mentality of those cultures that officialize it; we feel a sense of horror as we imagine ourselves intimately involved with boiling water or glowing irons. And we don't feel up to it. So our terror and cowardice becomes their brutality and irrationality. I am not about to urge to reinstitution of ordeals, although most practicing lawyers will tell you that that is still what going to law is, a crapshoot they say. What I want to do is call attention to the difficulty of not …


From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith Jan 1988

From Appraisal To Emotion: Differences Among Unpleasant Feelings, Phoebe C. Ellsworth, Craig A. Smith

Articles

Recent research has indicated strong relations between people's appraisals of their circumstances and their emotional states. The present study examined these relations across a range of unpleasant situations in which subjects experienced complex emotional blends. Subjects recalled unpleasant experiences from their pasts that were associated with particular appraisals and described their appraisals and emotions during these experiences. Situations defined by particular appraisals along the human agency or situational control dimensions were reliably associated with different levels of anger, sadness, and guilt, as predicted. However, predicted differences in emotion were not observed for situations selected for appraisals along the certainty or …


Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg Jan 1988

Defining The Terms Of Academic Freedom: A Reply To Professor Rabban, Rebecca S. Eisenberg

Articles

I suspect Professor Rabban is right in saying that we have more than a semantic dispute. But it is difficult to identify our areas of substantive disagreement with any precision because of a major difference in the meanings that each of us ascribes to certain key words and phrases. The essence of my argument is as follows: What I call "the traditional American conception of academic freedom" justifies professional autonomy for faculty members as a means of furthering certain academic values. But the mechanism of faculty autonomy fails to protect these traditional academic values in the contemporary context of externally …


Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg Jan 1988

Academic Freedom And Academic Values In Sponsored Research, Rebecca S. Eisenberg

Articles

In this Article I examine the traditional American conception of academic freedom and analyze its implications for universities formulating policies on the acceptance of sponsored research. I begin by reviewing the basic policy statements of the American Association of University Professors (AAUP) on academic freedom to identify both the academic values implicit in those statements and the assumptions about institutional relationships and individual incentives underlying their prescriptions for advancing those values. I then evaluate the validity of those underlying assumptions in contemporary sponsored research and argue that academic freedom as traditionally conceived might no longer effectively advance academic values in …


Some Modest Proposals On The Vice-Presidency, Richard D. Friedman Jan 1988

Some Modest Proposals On The Vice-Presidency, Richard D. Friedman

Articles

There are many good things in the Constitution, but the vice-presidency isn't one of them. In Part I of this essay, I will argue that there are three basic problems with the vice-presidency: the method of nomination, the method of election, and the office itself. That just about covers the waterfront.' If we had to do it all over again, we almost certainly would not" create the system we currently have. We cannot undo history, but we do have a very strong incentive to develop a better system of succession to the presidency. Whom we choose as vice-president is a …


Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller Jan 1988

Beating Up On Women And Old Men And Other Enormities: A Social Historical Inquiry Into Literary Sources, William I. Miller

Articles

The Icelandic sagas, besides being one of the most impressive literatures existing in any language, preserve detailed accounts of feud and legal action, and describe with intelligence and care the general techniques and strategies of dispute processing. They also contain, incidental to the narrative, information about values and law, marriage and death, householding arrangements and the systems of exchange, naming patterns, and so on, for those who care to coax such information from the texts.


Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel Jan 1988

Essentially Indecomposable Modules Which Are Almost Free, Brendan Goldsmith, R. Gobel

Articles

No abstract provided


The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton Jan 1988

The "Nexus Of Contracts" Corporation: A Critical Appraisal, William Wilson Bratton

Articles

No abstract provided.


In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of Environmental Policy, William L. Andreen Jan 1988

In Pursuit Of Nepa's Promise: The Role Of Executive Oversight In The Implementation Of Environmental Policy, William L. Andreen

Articles

The NEPA process does not end with the preparation of satisfactory impact statements NEPA requires more than just the preparation of paperwork even excellent paperwork It requires an action agency to come to terms with what was learned in an EIS to balance competing policy interests and to make a decision that to the fullest extent possible furthers the goal of environmental protection The courts however have declined to supervise that balancing process The executive branch through the US EPA and the Council on Environmental Quality on the other hand possess the authority to oversee the substantive implementation of NEPA …


Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado Jan 1988

Critical Legal Studies And The Realities Of Race-Does The Fundamental Contradiction Have A Corollary Responses To The Minority Critiques Of The Critical Legal Studies Movement, Richard Delgado

Articles

No abstract provided.