Digital Commons Network^™

The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku

Faculty Scholarship

For the Philippines and Indonesia, adoption by the Third Law of the Sea Conference in the 1982 Law of the Sea Convention (1982 LOS Convention) of Articles 46-54 on "Archipelagic States," marked the capstone of the two countries' efforts to win international recognition for the archipelagic principle. For both, acceptance by the international community of this principle was an important step in their political development from a colony to a sovereign state. Their success symbolized independence from colonial status and their role in the shaping of the international community in which they live.

L'Harmonie Dissonante: Strict Products Liability Attempted In The European Community, Anita Bernstein

Faculty Scholarship

No abstract provided.

Introduction: The Right To Die After Cruzan, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Of Mice But Not Men: Problems Of The Randomized Clinical Trial, Samuel Hellman, Deborah Hellman

Faculty Scholarship

No abstract provided.

Monologue Or Dialogue In Management Decisions: A Comparison Of Mandatory Bargaining Duties In The United States And Sweden, Timothy A. Canova

Faculty Scholarship

Management and labor are adversaries in both U.S. and Swedish industrial relations. The Swedish model, however, is marked by a continual dialogue between the adversaries with the objective of achieving mutual understanding on a wide range of issues. This dialogue has been fostered by Swedish labor law reforms, particularly the Swedish Act on Co-Determination, along with a comprehensive labor market policy to promote employment. The result of such reasoned dialogue is greater labor support for industrial restructurings and management support for the technological modernization of industry. The American system could better be characterized as a monologue. In the U.S. the …

The Influence Of Law And Lawyers On Patient Care, Diane E. Hoffmann

Faculty Scholarship

No abstract provided.

Court-Ordered Adr: What Are The Limits?, Nancy A. Welsh

Faculty Scholarship

Increasingly, courts across the country are turning to non-judicial dispute resolution processes - "alternative dispute resolution" or "ADR" - to handle overwhelming caseloads.' Proponents of non-judicial processes state that ADR benefits courts and litigants by reducing the time between the filing and disposition of cases, saving judges' time so that they are available for the cases that really need them, saving money for the parties to the suit, and perhaps most importantly, increasing litigants' satisfaction with the manner in which their disputes are resolved.

A growing body of empirical evidence has begun to support the proponents' claims. A study of …

Allocating The Costs Of Parental Free Exercise : Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment, Paula A. Monopoli

Faculty Scholarship

No abstract provided.

Clinical Programs Of The University Of Maryland School Of Law, Barbara L. Bezdek

Faculty Scholarship

The University of Maryland provides 'clinical education' in two distinct ways, through its Clinical Law Office, and through its Legal Theory and Practice courses. For many years the Law School has operated The Clinical Law Office, one of the largest and longest-lived 'in-house' clinics in any law school in the United States. Students may elect to enroll in this course in the upper years of the law degree program. It is a year-long, intensive practice experience, under faculty supervision. Quite recently, the Law Faculty began the Legal Theory and Practice courses, which combine the study of doctrine and legal theory …

The Cuny Law Program: Integration Of Doctrine, Practice & Theory In The Preparation Of Lawyers, Barbara L. Bezdek

Faculty Scholarship

The CUNY Law Program differs markedly from every other law school in the United States. Founded in 1983, at a great, diverse, public university sprawling across New York City, its curriculum emerged from the Law School's mandate to rethink the traditional law school curriculum and develop approaches oriented toward public interest and public service law, with emphasis on clinical teaching methods. In this paper, the author provides a concrete description of the CUNY Program, and articulates the principles expressed by CUNY's extensive redesign of typical American legal education. Since it began in 1983, the CUNY Law Program has been the …

The Annapolis Poll Books Of 1800 And 1804: African American Voting In The Early Republic, David S. Bogen

Faculty Scholarship

No abstract provided.

A Half Century Of The Maryland Law Review, William L. Reynolds

Faculty Scholarship

No abstract provided.

Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris

Faculty Scholarship

No abstract provided.

Relativism Versus Universalism In Human Rights: The Search For Meaningful Standards, Douglas Lee Donoho

Faculty Scholarship

Douglas Donoho, Relativism Versus Universalism in Human Rights: The Search for Meaningful Standards, 27 Stanford Journal of International Law 345 (1991).

Electronic Surveillance, Kimberly D. Krawiec

Faculty Scholarship

No abstract provided.

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Feminist Jurisprudence: Why Law Must Consider Women's Perspectives, Ann Juergens

Faculty Scholarship

A growing number of scholars are asking how the law would be different if it took women's points of view and experiences into account. Feminist Jurisprudence argues that we must look at the norms embedded in our legal system and rethink the law. It is about being inclusive of women, and of all people who differ from the norms of the law as it is today. The endeavor will necessarily shake up established relations between family, the workplace and the state. Lawyers, judges, and legislators should get ready for the changes.

Title Vii Compensation Issues Affecting Bilingual Hispanic Employees, David Allen Larson

Faculty Scholarship

This article deals the workers who are bilingual and their accompanying compensation on the job. The article covers compensation, classification, Bilingual Hispanic employees required to speak both Spanish and English on the job may, in certain circumstances, be entitled to greater compensation under Title VII of the Civil Rights Act of 1964 than employees who do the same job exclusively in English. It is unlikely, however, that a court will conclude that bilingual Hispanic employees required to speak both Spanish and English are for that reason alone entitled to increased compensation. Yet bilingual Hispanic employees required to use both languages …

Accreditation And The Aals The Boalt Affair, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Future Of Legal Ethics, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Dissolving The Sameness/Difference Debate: A Post-Modern Path Beyond Essentialism In Feminist And Critical Race Theory, Joan C. Williams

Faculty Scholarship

No abstract provided.

Medicaid Reform Through Setting Health Care Priorities, Robert L. Schwartz

Faculty Scholarship

The face of American health care has changed since the creation of the two largest government funded health programs, Medicare and Medicaid. Whatever positive cultural benefits those programs have provided, they have carried with them one overwhelming defect: a language with obscure and untreatable words and phrases which has added to the mystery and impenetrability of the underlying substantive law. This article discusses Oregon’s proposal for prioritization, reviews legal arguments, a policy argument against the proposal, and finally concludes that any priority list that generalizes from condition-treatment pairs necessarily overgeneralizes, that the range of cost-utility ratios for any condition-treatment pair …

Reflections On A Scholarly Agenda For The Beginning Law Professor, Sherri L. Burr

Faculty Scholarship

This article looks at developing a scholarly agenda from the perspective of a recently admitted member of the academy. The topic is divided into three parts: developing a scholarly agenda; choosing what to write from the agenda; and deciding where to publish the article that you write.

Gender, Legal Education And Legal Careers, Antoinette M. Sedillo Lopez, Lee Teitelbaum, Jeffrey Jenkins

Faculty Scholarship

Much of the literature on the careers of women generally-as well as the smaller literature on the experiences of women in legal education and legal practice-supposes that women will follow different paths and have different experiences than men, and that this is and will be true because they are women. Some commentators on the relation between gender and the experience of legal professionals believe that women have distinctive modes of cognition or value orientations that shape their experience in the workplace, while others believe that social and cultural assumptions (held not only by employers but often by women themselves) are …

San Miguel Del Bado And The Loss Of The Common Lands Of New Mexico Community Land Grants, G. Emlen Hall

Faculty Scholarship

No United States governmental action has so rankled revisionist New Mexico land grant scholars as the Supreme Court Sandoval decision in 1897. In that ruling the court held that Spanish and Mexican law had not vested in New Mexico's extensive community land grants a sufficient title to the unallotted common lands within the grant boundaries to bring those lands within the property guarantees of the Treaty of Guadalupe Hidalgo in 1848. The Supreme Court employed at best opaque Spanish and Mexican legal authority to justify its decision; the historical legal analysis has been roundly, if not universally, criticized on that …

Experts–Use And Abuse (Part I): Commentary, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Itsfea's Effect On Either An Implied Cause Of Action For Damages By Contemporaneous Traders Or An Action For Damages Or Rescission By The Party In Privity With The Inside Trader, William K.S. Wang

Faculty Scholarship

No abstract provided.

Evidence Scholarship, Old And New, Roger C. Park

Faculty Scholarship

No abstract provided.

Devolution Or Disunion: The Constitution After Meech Lake, Calvin R. Massey

Faculty Scholarship

No abstract provided.